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A jMh 

AUGUSTUS SUMMERFIELD 







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.1 



UTE 
TO THE h' MY 

BEL ATHER 



i»KKF.\CK. 

h w.iH written for the rclalivo and friends 

•f him to whoMT niemorv thevr |>aK«^ ^^^ dedicated, and 

^ written for those who loved him and who feel more 

in his life and work. I 

' 'hem for its 

•1. ,t ihev 

claim 

I bein){ what it is a work »if love. 

Thf vrrr.itrr jwrt of the material for the sketch has In-en 

T of conrse, from relatives and friend.s ; 

Iroin >ketche?i wniien in the |>a-Hl: from old letters ajul 

pnss-ciillinjjs. These are res|»nsible for many of the 

facts hr- 1. 

Asloti' . ;. ' •• "v of the subject, it has 

U-en niv i»hjicl ; .: , . . .iy and Irnlhfnlly, as I 

knew il ami rcvcrttl it. 

If this description of a noble, nprij^ht life will Ix* able, 

tinder Ciod's blessing, to adeqnately express the jjrand ix>s- 

- of attainment for inlejjrity and Christian nian- 

ijood, and thereby become even a tiny seed which will 

■ jjood fniit, this tribute will not have lx:en written in 

\ wreath of memories, il is laid upon the shrine of 

piiiuv I. love by one whom my father knew as 



HIS YrUTH AND KAKI.V MANIU )()!). 



h; • ol lljf Old N« • ■ >S 

• . • I i.Mf iv !i, ,\i *r .. .. I n 

1 1 1» Mkk- 
llc came into the world al the home ol his jjrand- 

Thc old home 

:Ltlal ihal time and 

:iy and beauty. IncIoNed 
hv iiu>iintnin!% on all side^ u|»on \vho^e summits seemed to 

' ! s- 
• ■ •> I 

• from them. 
In this peaceful spot, beauty in Nature's ^jramleM forms 

Aiiinan 

' . , \m\ for 

, womai he one who 1 to mould 

iito ijoodly form the impressionable character of her son. 

.(!.•!;< ■ ; ;i)- I ;> :^i lO i1;l >wj - . . . - - 'i;i» 

.i;iii Sim;. <-; ill McDowell Paxton, a daughter of (leneral 

Charles McDowell, who, as well as his brother. General 

•h McDowell, served with distinction in the Rcv(jln- 

iry War. 

Mary Pa.xton, it is said, was a very Ijeautifnl k'tI- She 
had soft, silky brown hair, which her son inherited, and 
bright. s()arklin^ eyes, which, with her/ ' irc, doubt- 

less added charm to a personality that ; 1 above all 

other charms the fadeless lustre of soul-beauty, the grace 
of a meek and quiet spirit. In later years one who loved 



» AUCiUSTlS srMMKKlllM.n M Ki; K 1 M( )N . 

lier told his cliilchcn, her oiaiiiicJiiltinii, of her affable 
inaniiers and gentle iialure, of the li,Liht tread of her little 
feet that one could scarcely hear at times as she walked 
across the floor, and of such qualities that seemed charac- 
teristic of her. 

Of the ancestors of Branch H. Merriuion little is known. 
He was born in Dinwiddie count\ , \'ir^inia, but the faniilv 
afterwards moved to Tennessee. Branch was a gay and 
thoughtless youth, but there came a great change into his 
life when his youthful thoughtlessness was stopped by the 
great questions of eternit\- and the salvation of souls. He 
dedicated his life to the service of his Maker, and con- 
nected himself with the Holston Conference of the Metho- 
dist Episcopal Church, South. In the course of his min- 
istrations in his circuit he met Mary Evel\n Paxton and 
married her. 

Branch Merrimon, with his }oung wife, came to live at 
a place called Mills' River, where he began the business 
of merchandising and farming in addition to his regular 
duties as a minister of the Gospel. From this place the 
little family moved again to a farm on the old stage-road 
leading from Asheville to Hendersonville and beyond, and 
here the mind of the \ouno: Au^j^ustus beuan to be s\s- 
tematically trained under the guidance of a lady then liv- 
ing in the family, Mi.ss Minerva Cunningham, afterwards 
Mrs. Tatum, a woman of piety and sound .sense. She 
remained in my grandfather's household for some vears, 
and it was under her direction that my father's education 
began, and at this place he passed his childhood da\s. 
He has told me of his games with his sister, one of his few 
playmates, wdien she would pretend to be an hotel-keeper 
and he the master of a dro\'e of hogs, such as were seen 
on the old sta^e-roads in those da\s. He would come to 



u:. 



Al ol-.tTr.** Hi \|Mi:i;» IM.I» MKKUIMoN. .» 

.? hotel -keeper if she could shelter 
,,ti iiiiii) ►r the ni^hl. The master of the 

• - !•■ • ' 1 "H' of his 

as the 

;ice soiiiuU ill iiiv ears to-dav. Some of the 

4 and unique i 1 »«» himself and 

..,oh as 

Uull- 

li..\v j.ron.l hi- WIS when r lH>U);ht huii a new 

• ' He wotiUl count the 

■;•• tl^rttT. 'UK* hv f»ne, 



I he 1* 

T' 



I lit ciitl. Ill I his tolivc 

•' - to town on a certain 

A h:uv^'inK, the first 

of the kind that the chi! .ooked U|K>n. 

Who can tell hut that 1; :n; uiind was even then 

' ' -• - the stern justice of law? 

family moved a^ain and, 
It this lime, to a larije and Ix-autifnl farm on Hooper's Creek, 

lie. Here it was that my 

ifly definetl featiirt-s which 

^^ . after life and where, even 

Hi lM.\:;.«>d, thoughts and feelings seem to have led him lo 

fixedness of purpose and manly resolutions for the future. 

•;' • ' •' 'its often reverted in after years in 

. and he has said that that valley, 
ed bv its sentinel mountains, was the loveliest that 
Ills c ves had ever seen. 

■' ' < an old-fashioned while one, crownin;,' the 

iineuce whose sides were green and beau- 

'in the sweet summer-time, long ago." At the foot 

2 



1<> AiciisTis siMNfi:i;iii:r,i> \ii:i: i:im<>.v. 

of the slope, at some (li>lance from the house, flowed the 
creek which turned the saw-mill still further away, and 
over the hank leaned the willows, the profusion of their 
droopint; lieads in contrast to the lofty mountain-tops. At 
such a place as this, with surroundings so well calculated 
to draw the boy's thoughts to hi^h and ennohlini; views of 
the world, with Nature's broad domain before him, and 
with resources suitable for the be.i^inniui^ of an eminently 
practical education, he toiled on his father's farm. Driv- 
in_i^ the sturdy oxen with their wood loads, or on duty at 
the saw-mill, book in hand, the book of which he has so 
often spoken — Towne's Analysis — he was doiui^ a double 
duty, developinj^ himself mentally and plnsically. It is 
probable that he recognized the fact that the best educa- 
tions are thoroughly practical and that the \outhful mind 
more clearly comprehends and more certainly remembers 
theories of natural jihilosojilix' put into practice; that, 
indeed, a mind stufTed with theories and rules, hut with 
no experimental knowledge, is like an engine beautiful as 
to mechanism but with no motive-power. 

Augustus was the eldest of a large famil\- which num- 
bered seven .sons and three daughters. Their father, though 
unable to give them the best educational advantages, ear- 
nestly desired that the\- might have ever\- o])portunit\' that 
he could offer them for impro\ing themselves intellectualh'. 
He strove to make his children a])j)reciate the value of 
opportunitN' and of storing their minds with the wisdom 
that jK-risheth not as well as with that which is of this 
world. The evening .salutation often was, "(iet your 
books, now, and go to reading." Xtme i)ut the .Mi-seeing 
K\e knows with how much earnestness one of tiiose young 
minds api)lied itself to labor that was destined to be crowned 
with uurited achievement. 



AlGrSTUS .SUMMKUFIKI.I* MKKKlMoN. 1 1 

Had a better record Ijeeii kept of his youthful t]iuiui»hs 
over the trials of early school-days one inijjht tell with 
more minute di-scription of iht- speeches nt the little school- 
house on the farm, lauj;ht by Mr. A. T. IJviuj^ston; or one 
mis^ht describe tlie young orator representing^, jx^rhaps, 
Patrick Henry or Mark Antony, from the sloping hill-sides 
addressing the \vf)Ofls Ix-fore him instead of an impassioned 
mass of humanity. 

He was fond of mathematics and history, and seemed to 
study his books with earnestness and avidity. His father 
Ufvtr had any trouble with him. and the boy from early 
Nouth showed his strength and nobility of character; he 
never did a mean or wicked act in the remembrance of 
her who was one of his most constant companions in early 
life, .\mong the number of those early playmates was 
the son of his old negro nurse, Aunt Anis, l-'elix was the 
name of the little negro who was the leader and the life of 
many of the childish games. His mother had been given 
to Mary Paxlon ;»l her marriage, and proved herself faith- 
ful to her duty of helping rear the babies of the household. 
This old negro lived to a venerable age and died some years 
ago, her last days being brightened by the ministrations 
of the children for whom she had cared so tenderly in 
babyhood. 

.\u(l lllll^ .\ugustus Merrimou grew into manhood far 
from the false practices of city life, his mind plainly, 
.soundly educated, his physical being well developed, and, 
above all, his soul nourished from imbibing the rigliteous 
characteristics of his father — righteous in the sense of mor- 
tal righteousness, inasmuch as there are none immaculate; 
no human life without its human frailties. He learned to 
labor — to believe it man's prerogative a.ssigncd him by his 
Creator — to labor iutelligentlv and to believe it honest and 



12 Ai'GrsTUs srMMi;i;i'ii;i.i) Mi:i;i;iMnx. 

lionorable. Main- a time Ik- has spoken of those early 
days when on the top of wood loads he dro\'e the oxen, or, 
like Bnrns, guided the plow as the earth <^ave way before 
the advancing shaft. With the same old book in hand he 
carried these duties through oftentimes, and thus was pre- 
paring himself sureU', steadiK' and laboriously for the 
positions of honor and trust which, in after years, the peo- 
ple accorded him. It seems that he toiled that each 
to-morrow might find him more advanced in the path of 
industrious achievement, than to-daN'. 

How often, when the boy had grown into the man, and the 
dark hair was silvered by the touch of age and care, and the 
noontide of life was merging into the peace of eventide — 
how often did his mind revert to those early days and to 
the rural scenes in which he spent his boyhood — to the 
spring at the foot of the hill-side, where the cool, clear water 
bubbled up, and at which he stooped to drink in boyish 
carelessness in the happy days of long ago. Hut ot all the 
memories that clustered round that happ\- time only the 
angels could give us an accurate account ot the dearest 
and tendercst — the memory of his mother — her to whom, 
it seems, he gave the wealth of his childish atlection. He 
was her first-born — more of a comjxmion to her than the 
others — and when she left him the sorrow of his heart was 
one that lay too deep for tears. That beloved face — the 
remembrance of her gentleness and virtues — the grave in 
the old garden near the house — who can measure the inlln- 
ence of these things on the susceptible character ot him 
who had never before known so great a lo.ss? Who can 
tell but that her spirit was the guardian angel of his lite, 
continuallv beckoning him onward and upward to the haven 
of eternal rest? Such precious memories dwelt with him 
in manhood's vears and clustered around 



-I MMKKFIKI.I) MKi:iH\H>N'. 1-^ 

IMS BOYIHM)I)S HOMK. 

Htgh.— 



ihr Atiit ? 

Who kno«r» l»u( h "clf 

•.» a« tniKlr. — 

I' ■ • ■ ' .... 

1 

mil »in. 

•..\,ii..i... l.U ..!.! i..i« rs. written ditriiiK the year 1850, 
the f. - foniul, niul is copied here as an 

inclic.ition ol the mriueiicc which his mother's mciuory 
\crlcd over the early efforts of her son: 

! IONS AT MY MorilKRS CRAVK. 

' ' ' ' 'he western hilU and 

-.■^ of the iiinuiitainA. 

1: '•■ 

:. ■■' 

for MMiic tunc, to iix-nd a It-w minutr* at the ^ravc of my 

- '• •• iH not far liiMant. not more than a hundred yards. 

f, , -hcKarilrn. I steppe*! on more slowly than when I 

,, ■ ! ind dear. Ren- 

,», . If to me becanse 

I was soon at 
came over me I 

•.%iii»: t"\ fiiifirr » rir!% i . .in {► »»ili .ii- .in.! in • xtracLn from hU diaries the 

•1 many mis«pcllc<l words. 
• than his knowledge of 



1 I Ar<;rsTrs simmkhfikld mki.mmmox. 

I looked around, and how befitting were all things to my feelingsl All 
was silent as the mansion, — the cold and dark mansion my dear mother 
occupied. Not even a sigh could he herd in the foliage that oversprea<l 
the sacred spot. All Nature seemed to mourn, it seemed to sympathise 
with me, while I reflected on the loss I had sustained; — a loss, I mourn to 
say it, irreparable. As I stood there alone, unseen, except perhapse l)y her 
glorified spirit, (for I believe it still watches over me, at least the belief 
influences my actions), memorj- turned mournfully to the past. I was 
led to remember the pious lessons she had tauglit me; to remember the 
good morals she had instilled into my boyish miiul. Ves, these recollec- 
tions came up vividly before me, and I thought of the afTectionate and 
maternal manner in which she did it. O, I could almost see her as she 
took my little hands within hers and learned me to lisp my prayers to mv 
great Creator; as she would sit with me at her knees and tell me how to 
become great and good. If ever I make a great man it must be ascribed 
to her pious instruction. I recollected all the past, and it swelled the 
scene of the then present. I thought of the night on which she left this 
for a better world; I could fancy I saw her angelic face as she slept her- 
self away into an eternity of unuterable, inconceivable bliss. Yes, she 
was smiling when dying, if dying it might be called, and even when ruth- 
less death had done his work a calm and peaceful smile rested on her face. 
Oh, how angelic was her appearance, and how symbolic of her blessed 
compan}- ! Though her body was there, yet her soul was in heaven, freed 
from care and all pain. Though she looked thus beautiful, how awful. 
how indescribably awful were my feelings. I was conscious that I would 
soon see the form I had loved and revered no more forever; that my great 
counselor and instructor would never again commune with me. Yes. I 
was conscious that I had lost, irretrievably lost, the best gift of Heaven. 
All this come up vividly before me, and the night, the solemn stillness, 
seemed to chime in with my mournful solitude. I thought of that 
heavenly world where all is joj- and happiness, and said in my lieart, my 
mother is there! That was a joyous thought— a thought worth more than 
all the gems of earth. She was alone; no other person lay there with 
her, but she was not alone in Heaven; no, there are myriads there, and 
all join in anthems, loud anthems of praise to their great Creator and 
Redeemer. She is there with all the old prophets; she is with Wesly and 
Clark, with Whitfield and Chalmers; she is there with Coke and Asbury 
and millions more. It was a solemn night to me. .\s I turned to go 
away I thought that I, too, would one day lie down in the loansome, 
silent grave, that the silver moon would shine loansomely and sadly 
around my last resting-place, as it then did my mother's. 



.\l«l>Tr>* Ml MMKKFIKI.Ii MKItltlMoN. lo 

And thus was tlic yoiilli of Augustus Mcrriinon sjicnt, 

under the clear skv wiih Xaturi's jjreat 

who may not say, to 

_, . 1.1 t'v r»., ;,,,. ^(inrcc. 

V and mentally inc: to his 

' of information as well as ; faithful ly 

>l and indus- 

. •., •» character at 

He was eajjer fo Imrn, anxious 
■ tieid tor zealous end< .1, having 

house 

^ , .:y the 

'( attendin>; Mr. James \nrwo<xl's school at 

>dva need rapid I • marked was 

• hiui . I wnllcn expression 

'^ f'" most proficient of 

in the l 

lions irom his diary, written alwut 
'wn thoughts and 



A S MHRRIMON'S DIAKY 

OK HIS STinil^:*. AXIxrTIIKK CIKCl MsTvSi is • • >VN|/crRO THKRKWITIf. 
ANt> ALSO OTIIKK i. KNTS. 

ASHKVILLK MaLK ACADKMY, 

Januar>- t6, 1850. 
" l.ahor Omnia t'indi." 

•»• /6.—Tfyt\a\ I enter ii|x>ii the important duty of the 

i'hy. and Uy the aid of I'roviilence I intend to do honor 

iny*elf nn«l my Teacher. I recite<l mv fir»t lei^son in Natural I'hiloso- 

I''' -mate. ; and 

' ' the subjects on 

. •neral detinitions. 
- >ome Rules for acquiring 
^Jiich I approve<I ver>' much, and doubt not that by paying 



16 Amrs'iTs srMMi:i;iTi:i.i) mi:i;i;i.M(>x. 

altention lo thciii thai I will be greatly benefitted In- them. Iiuleeil, Mr. 
Watts seems to be an author who well understands tlie method of com- 
tnunicating instruction as well as receiving it. 

My second task was to get a lesson in vStcwart's Klements on the Mind. 
I am very safe in saying that I never was more interested in reading and 
studying any lesson before. It gave me more knowledge of the mind 
and the manner of discussing that subject than anything of the kinil that 
I ever read before. I am well aware that my time was not lost, and I 
have the gratification to say that the lesson was of much l)enefit to me. 

Thirdly, I emploj-ed from I4 past 10 untill twelve in .\rithnielic. This 
exercise cousi.sted merely in reviewing rules of fractions. 

At 12 M. ate dinner; returned to School and at half past i i'. m. I 
recited a lesson in Rhetoric. The lesson was on the vSublime in writing. 
and, as one would imagine, was one of no ordinary interest, setting forth 
at every step the manner of carrying on a subject of the vSublime kind. 
After reciting this lesson I spent the remainder of the evening in Arith- 
metic. Returned from school, took some exercise by making my fire, 

then indulged in social conversation with for some minutes. I am 

at present (8 o'clock) writing and will at ten retire to rest with the grati- 
fying thought of spending the day profitably. 

Friday, Jan. iS. — Recited one lesson in Stewart this morning of mucli 
importance. He shows in this chapter the utility of the study of the 
Humane Mind. The outlines of the argument are the following: F'irst, 
he shows the influence of one science over another; then shows that it is 
the science which is derived from no other, and that all others emanate 
in a degree from it, showing at every step its great importance to a proper 
understanding of other Sciences. After this recitation I recited a lesson 
in Natural Philosophj* on Attraction, the different kinds of Attraction, 
their influence, 6cc. This Science is one of deep interest, and for which 
I have a peculiar likeing. The subject is one of great importance to those 
who make observations on natural things. 

Saturday, Jan. /p. — Rose at 6 o'clock .v. m. and read a chapter in Watts' 
works on the Mind, which I found to be very interesting. It had for its 
object the improvement of the mind by observation. He shows very 
clearly that one may improve his mind in every place and in all coudi 
tions. If we rightly appreciate his rules, I doubt not that we will do 
much for our own benefit, as well as for others. Then I reviewed the les- 
son which I recited on yesterday in Stewart's Klements on the Mind. 
After this I happened to fall in company with my highly esteemed friend, 

. We walked some distance for e.xercise, in the meantime carrying 

on a conversation which concerned us more than others. 

This evening I have devoted myself to reading Rollins' .\ncieut History. 
I am reading it with much care, and takeing notes. 



I \IMKICKIKI.I> MKKlClMuN. 17 

^u morniiiK at 6 aiKl rrtul a clmptpr in Ibr 



tcr t rrail sntnc 

••! of the 

. hut 

: 1 

tulrrcl Ihv ft . ;. 

• .'f txU i..r.! 



icr hrrnk- 
. paot trii. 

MIC COUhII- 

I arc iiiaiic dtir- 
•,,«. ,,. Khrt 

• I llir rvrtisin* Ml «llltlH, 

' I rcarl a chapter in 

""'" f!i<- following; sut*- 

I to »how the 

-Icr to lay 

■''""' ' ■ ten A. M. 

-u U cinl»r.icc<l 

.' •» very n-itur.!! 

lie than the follow- 

I nil 111 v'ft my 

hinj{ 

« u, III (kr .1 III (!i I jT 1% I .••! Ill .f.'i iiic III iiiak- 

I know that i^ucceiM await<» the |M-PM-vvrin}{. I 

my oHii improvement. 

ly to cmhrace jHrrjicvcr- 

tn that which fully pay» 

: I'inrs/.' Time flies, f) 

ImpiDvr • •. for it is all you have; look not at the 

! ■ -. an«l always l)e careful 

t" 'Ml"-* iie morrow which should 

tic .'. 

" Once more hath the earth completetl her daily revo- 

■ 1 ooce more I find myself engaged in recordinj^ my acts of the 



18 Aroi'STis siMMi:i;iii:i.ii m i:i;i;iMnN. 

hours which have ju>t past. I arrost- this niorniiij.; at 5 o'chick and 
read a chapttr in the Hihk-, then one in Watts, then coniiiienscd my IMii- 
losophv lesson, which was upon the suhjcct of tlic theories of jihiloso- 
phers on the subject of Perception. 

I find in the study of I'hilosojjhy thai much study is required, and that 
without close application one will make poor progress. These studies 
are of vast importance, too, not only as a study for the purpose of acquire- 
ing a knowledge of the phenomena of the world, hut also for the improve- 
ment in reasoning. To-night I reviewed my lesson in Stewart, and also 
looked carefully over another. I then read some in Watts, and closed 
the labors of the day by ciphering. The rules of Percentage were those 
on which I performed. I now lie down to take the necessary rest; may I 
rest securely and rise in the morning to again prosecute my studies, O God ! 

Sunday, Jan. 2j. — I arose this morning and after some necessary busi- 
ness I commensed the reading of the Ancient History of Egypt and 
Carthage. This indeed is wonderful. In some places we are filled with 
indignation; in others we are pleased with the great magnanimity which 
they possessed. Surely all things related with thos people are not so; 
indeed, some thing are impossible, much less performed. 

I spent the rest of the day in reading Moral Philosophy and social con- 
versation with some friends. One who has more time to spend than is 
necessary might spend it after the following maner profitably: If you 
have no friend with whom to converse, apply yourself to some useful 
book; if you have no book present observe what is near you — consider 
what it is, how you obtain knowledge from it, for what purpose it was 
made, by whom it was made; and if you have a friend with you talk to 
him concerning these things; attempt to explain, as far as possible, how 
and why you coucider the objects from which you acquire knowledge. 

Much time is lost by persons who might im])rove themselves greatly. 
How many do we see trifling away the precious hours of youth in foUish 
talk, without improveing their minds in the least degree, nay, without even 
[knowing?] how they learn to talk and eat or do anything else. Improve 
the present, the future is unknown. 

Afottdav, Jan. 2S. — After five this morning I commensed the incum- 
bent duties of the ensueing week. My first lesson for consideration is 
Stewart's remarks on the manner of actjuireing knowledge. I hope to be 
prosperous during the ensueing week, feeling that I am under great 
necesity of improvement. This study (Stewart on the Mind) is one i>f 
no ordinary interest to one who has a desire for, or who has a mind 
adapted to such studies. The language is plain, an<l his style is generally 
of a jjure, unbroken nature. Such works are not only calculated to give 
one the information which they profess, l)Ut also a style which the read- 
ing of many inferior would fail to do. 



Al < ' MMKHFIKI.Ii MKKKIMoN. 10 

In the e\"ening I rccilc«1 m Nittinl Philn-iophy, which never fails to 
inlcM-'t me in »tich ad ^ [over] the U>^M)n a time or 

tw<» I nvl tt ' >iit rri i\ 1^ to lie. I never knew the 

hour yet ' : Kx|)cricnce teacltes that I never 

will. If i -jn !i>i my nine j.r.>.n.i'.i\ i will no ilouht reap the reward 
|)ronii»Ml 

I u 1 an<l (Veome- 

try. 1; inentH. This 

world fierm% to he lull ol knowlrtlKr. and I Mip)Ki<(c the world to come 

i^>!t have much more; if -•• ' '• ••— to l>c one who will enjoy a lar^e share 

Prn«c%-rrrncc i* U' • » K^'™! etiucalion; thiit I have found 

'■.now t-N'. t), It without it the ){reate^t ^(^'■11*1'* cannot 

i .1 t as t«» enahle 

hin« ■ ^ , I now ^in-nd 

n Kudiricncy of time to nty iktudir*, and alM> have »ome two hourn every 
']\\ to sjienil in Rrt - ' - irch. I am fully aware, too. that devoting 

•:,• time to «»ther ' mv mind will Iw lietter prepare«l to relish 

II. \ •! ii'iN -xd with 

OIK ..f iv\. . should 

pay much attention to his intellectual |K>wer», since by these he must rise 
or fall. 

SalHrday, Feh. i. — [AAcr remarks on the day's occupation. ] I know the 
nece«ity of c«>! 'in anything;. 

Much lalK»r i- : • make a ^oo*! 

nieri'hant, iinu h lo iii.iiwi a ^'^n^'*\ \\\.\\ ii>>(hiiix v.iii he accom- 

plishe«l without ){reat lal>or and cl' aiou. If then all these are 

requisite, why put off the time of commensement so loiijj? If we com- 
mense now, we will only liccome the wiser and reap more of the paltry 
which this worhl can give. It will fit us too for the world to come. Yes, 
to enj<»v more of the pleasures of the invisilile I .\in. All these, nay 
more, hid u> improve each moment as it passes hy. Then let us press on 
toward the prize and never In? contenle<l untill it is won. We oiij{ht to 
consider that what we gain now is not to Ik.* gainetl one day ami lost the 
next, hut it is to give us standing among our fellow-men, and is to pre- 
pare us for more enjoyment of the heavenly world, should we l>e so happy 
as to get there. 

Sunday, Ft'h. j. — Much improvement may Ik.* made hy reading goo<l 
tKX>ks though they are not strictly scientifical; indeed without them, I 
am persuadefl that we will not render scientific hooks profitable. One 
should not Ik.* cramped up by sciiinifir studies and not read others which 
are allmost of equal interest. 



20 AI(;CST(S SI \l\|i:i;ili,| I. \| i:i;i;i\|i>.\. 

TufSi/dv, Ft'h. 5. — I was ready for hiisiiitss Uiis iiioniiii'^ at 6. I recited 
in Stewart, as usual before dinner, and in Nat. IMiilosopliy after. 
Holli of tliese lessons were interestini,'. I also read some other books 
thi> morning. This I lliink to be of mneh importance. It not only gives 
one good language; but it ])roves very serviceable in acquireing a general 
stock of knowledge. A general knowleilge of things is necessary. One 
cannot study every thing seperately. He nnist therefore find out much 
by the reading of misselaneous books, which have to a great or less 
degree something of these various studies connected with thein. 

Nothing is calculated to make a more ready man than reading. Much 
reading though, without digestion is worse, if possible, than none, as 
we gain such a slight knowledge of things that we are led into dangerous 
mistakes frequently. Therefore one should read much and digest well 
all he reads. If he reads but little an<l digests well, it will be of nnuh 
importance to him. 

H^ednesday, Feb. 6. — I was uji and dressed by '2 after 6 this morning, 
after having taken about 5 hours sleep. I prepared my lessons and recited 
as usual. Both were interesting. To-night I have spent some time in 

conversation with ; I have also been prepareing some remarks which 

I expect to deliver on the Mexican War. This is a subject of general 
dispute, and it is not even supposed that the (juestion will be decided with 
iimch acquracy, owing to the very desultory arguments that will doubtless 
be made. Much may be said; indeed, one may talk all night and then 
remain where he left off. It is a dispute which has received much atten- 
tion by all the great men of the Nation. 

Thursday, Feb. 7. — This morning called to my meinory the sad scene 
of this day was a year ago. I shall never again pass over another so sad a 
day as it was, for that day my dear mother left this world for a better. She 
now sings the Allelujahs of Angels, and will throughout cternitv. May 
I meet her there. 

.Satittday, Feb. 9. — I arose this morning at '2 i)ast five and commensed 
imediately the business of the day. I in the first place read some of 
description of Cicero, given by Dr. Olin. I then visited the Clerk's Office, 

at which j)lace I found my friend . From him I procured a set of Dr. 

Brown's Philosophy on the Mind, which I intend reading in conexion 
with Stewart; I also read Tpham. I hope from the three that I will be 
able to get a good knowledge of tlie human mind. I spent some time in 
conversation today with Mr. N. W. Woodfm on the subject of Education. 

In the evening I wrote some com])ositions, not for the purpose of exhib- 
iting them, but only to improve my style of writing. Tiiis is, no doubt 
the best plan on which one can fall to improve his style and language. 
While there is hoi)c none ever linger; when, however, this mortal cheerer 
vanishes the last gleam of life will soon be extinct. It sujiports all men; 



MMKUFIKLU MKKKIMoN. 21 

the Mivngc a« well as the Chn»tiati. In a wonl. it is the ttahii nf life. 
Few men. iiidecil none, ever live \%iiho«it it. He wmiM know the cer- 
tainty of thinv- 't "> Ji'.iir \«hen he was not preparetl for it. Hope is the 
anticipation - it therefore K'*'*^ ""*^ *'""" '** reflect if he 

•hou' 

.S'. thi<» niornini? at the u<tnal honr. and aAer 

•day. I 
II Ollin's 
traveN. <M»nie in KoIIin*' lliMory. \\\ \.Utr*c arc very interesting, hnt not 
near stt much a« another wnrV I rrail thi» cveuinx on the initnortality of 
the .Sotil. Thi* wait %'ery intermtinK not only a.^ a literary di<w|ui.Hition, 
hut ^'iil. The 

•»oul • H, Yi*s. 

)ir\ than the 

thoii^ ^ it all con- 

tinually K^a^p after. Knoc, t(M>. in what they ilesire in connexion with 

life. We understand l>y Revelation tV * '' ■ '• ' Jive a» they •thould 

here will l>e ailnntteil into Heaven, at \^ forever dwell. If. 

■ver 

ii to 

cUKaKc the atiriilion of aii; but we find • who would rather 

•«|>end what time they have for proltation in . ::ii.t than to attempt 

to Hcek the happinrtw in More for them by their pemeverence. 

Tuesday. AVA. tj. — \ i|>cnt M>me time reaaling Rollins' History. Tlii.H 
i« n vrrv inirrt-siim; work, and, iiidtt.il, the history of the ancients is 

' of all tli' ;•, men of 

:iich they . :r |M>wcr. 

I-'roni this history, too. we learn many jjoo*! laws, and we learn at the 
same time error of many, and thereby we are prepare<l to shun them. I 
recite«I as usual. To-ninht I have spent some time in readin){ Walts. 
Brown and (lllin. ill interesting Books. I hope to receive a 

lar^e fuiul of infor:: :!i them My present course is one which I 

think will prove Itenciictal to me if properly attended to. I do not intend 
to fail to xive due attention. I intend to make use of every power in my 
reach to improve. 

Saturday, Feb. /6. — I spent this day in the following manner, viz.: I 
first read some in Rollins' History of the Assyrians, then wrote to my 
Father, then read some of Ollin's Travels, then finished my coniposition, 
then read history and Travels again. In short. I spent the day in read- 
ing and meditation. Ail these things arc necessary for the accomplish- 
ment of one. nay more, for men frequently live long lives and spend them 
at Science, then fall far short of perfection. Man must be considered as 
an imperfect being within himself. No one knows all things; no one 



22 AUGUSTUS slM.Mi:i;iIi;i.I> MI:i;i;iM()N. 

will know all lliinj,'s. It was not iiiltiKkd hy the Dt-ity that man shoulil. 
for if he did no doubt he would soon get above himself as oue man gets 
above auother in point of property or respect. We should endeavor, 
though, as far as possible, to acquire a good knowledge of every iniprovc- 
ing every good thing that conies before us. 

Sunday, Feb. //.—This morning I commensed the business of the dav 
very early by reading History and Travels. In the day I read consider- 
ably in the Bible, wrote my composition, and spent some time in compo- 
sition as well as conversation. .All these acquirements are verv benefi- 
cial. They all tend to itnprove the mind and prepare it for the walks of 
manly life. 

Tuesday, Feb. ig. — This evening I read my composition on the Influ- 
ence of Anger. After the close of the school I spent some time in read- 
ing Porter's Analysis. 

How vain are the attempts of man to gain knowletlge without much 
study and self-denial. If oue would be wise he must [not] cease at diffi- 
culties. His overcoming one will actuate him to mount that which fol- 
lows. Many for a want of perseverance have died in obscurity. Many 
who had good advantages, through indolence have suffered themselves to 
be overcome by trifling circumstances, and thereby laid themselves liable 
to the censure of mankind. Perseverance alone can place a man above 
the vulgar. All who have ambition therefore should yield to many sacri- 
fices in order to carry out any ennol)ling principle which he mav espouse. 

Saturday, Feb. 2^. — Owing to some domestic disadvantage. I did not 
rise this morning untill daylight. After I rose I commensed the busine-;s 
of the day by reading a chapter in Rollins' History, then one in Ollin's 
Travels. 

I took a small fowling hunt walk with my esteemed friend, . After 

walking enough to take good exercise we returned. We indulged freely 
in conversation during our walk. Sometimes speaking of literary sub- 
jects, then of domestic happiness. It was quite an interesting and I 
hojie a profitable walk. 

This evening, a little before sun down, myself and took a walk in 

the direction of my home. As I approached in sight of the mountains 
which I could see from home, pleasurable feelings passed through my 
tnind. Home is the hajjpiest j)lace for any one. One may become addicted 
to being from home, and not care about returning imediately. but there 
still exists some thoughts of childhood in the mind though it is approach- 
ing manhood. There is something that endears the place where near and 
<lear relatives live and sleep; one of whom, too, sleeps in the dust. 

Sunday, Feb. 2/. — To-day's reading has been so desultory that I cannot 
note it with much regularity. I have read extensively in the Bil)le, in 
Rollins' History, Ollin's Travels, Porter's .-Xnalvsis, and various other 



-lMMKIlFIKI.r» MKICKIMON. j;; 

J-'roni Iheiu nil I hiivc receivwl much instruction. Tlic Bihio I 

- [is] truly 

,ty Mow 

»«ctv»«Tn >l the prt-MMit (lay. 

' It W- - .."♦ of tluntc men who 

"t he II •.» r of the authenticity of the 

<n hwl li ... ij^^^^ 

' wnrk« It 

; '.hi in. S«>. siiiiplc nml 

I" "-uril to turn from the wortl of t'.o«l to man. It 

'•- • "- There i* •"••'' ■•■ Mnmen<tc flifTerrncc. The 

'■ i» one !>■ worth. It inMructn mc 

Ml ■ ■ ' '■ ■ 

le*- 

Mil 

thill 

the min)l with >|Urtlilir« of the mmtt - rncter. That ^rrat man 

M^me<l to he t» ...i__i....^,,( „f ^ji |ij, ^,.,. ., .ind accompliMimcntn of 

lit* ilav. Cat: V the extreme on the other haml, few men 

I' Tliey give u» the 

iiiit: tituatiomi. and the 

""'• - , iin more fully all the 

-)t». All ; lulii, as far an pos.Hible, 

.». tjuirr .1 •.;•"•■ " - " Written liooks*. Of jjooci 

iMnilci. iiH thcv wi s«htch few fiTMscHH, true 

kn. -..vi- their 

own tiot ni.ikc 

fMj jjreal a «h>play in oratory and ■ :i a<» we do. Thi» in perhajwe 

one reaMin why the ancient<k di«l ;. l niore than they did in a short 

time. One may leani something from everything. The little pebbles of 
sand under hi-* fiet may teach him a lesson of which perhapse he never 

lIlDUght of iK'for.' 

/'hursJtty, ! i <lark and Kl'X'niy. To-nij{lit wc 

had a gust of .■ miiful p.ile moon is now shining 

and reminds me of the softness of >»onc-by days. These worrls strike 
deeply on my ear. A precious Mother, who a little more than a year ago 
doated on me, now lies silent in the tomb. The moon passes along and 
she lies in august conijiosure. Her iniortal [soul] has put on incorrup- 
tion. My heart is full while I write. I often think of her and am allmost 
force»l to weep. But she is gone; yes, gone to dwell with Angels and 
Go«l. M,iv I livi- the life she diil .uxl fx- preparer! to lie solemly and 



24 AidrsTis siMMKUKiKiii \i i;i; i: I M« >N. 

seriouslv ami coinposc-illy while 11r> licauliful inoDti passes on in lu-r 
regular course. This is the last nighl of the second month in the year 
1850. Shall I have another lost friend before another February rolls 
round, or shall I be lost to kind friends? The Deity only knows. O God, 
save me, my friends and the world. 

Salnrday, March ^.— The extra court for this county Hdjourned to .lay 

at 12 M. I understand that Judge has dispatched business with his 

usual speed, and that many cases, of importance, have been tried. Judge 

is really a fine-looking gentleman. He seeuis to be very affable. 

Such men are calculated to do much good for themselves and the public. 
Several lawyers have been \n attendance this week. 

Monday, March ^.—To-night, according to the recommendations of 
Prof. N., I have taken up Thompson's Seasons. This is a beautiful little 
Poem— one which I hope is calculated to elevate my ideas of nature. 
To-night I have been reading some in Ollin's Travels. The chapter this 
evening has been one of rather more than ordinary interest. It gives a 
description of Mount Sinai and the mountains and valleys near to it. 
Truly this is an awfully sublime place. Dr. O. spreaks in high terms of 
its sublimity now, and what must it have been when the Great Jehovah 
was there! Surely more terrible than all earth clashed together! 

Our Town is quite silent to what it was last week. The court is over 
and the countrymen have returned to their domestic habitations. The 
beautiful spring has dawned on us once more; since this time last year 
how many millions have changed this life for eternity? A solemn silence 
prevails. No one dares to answer the question. And ere another such 
season shall appear we may, like others, be sleei)ing in the cold and lonely 
grave. God save us and the world, for in Thy hands are the issues of 
life and death. 

Tuesday, March /_'.— To-night I received my new Stewarts Philosophy 
on the Human ISIind. It is a beautiful Bot)k, and I hope it will be of 
great benefit to me in future. I find I will have to desist from my 
general reading, owing to the recjuisite time I must spend in reading 
Studies. I dislike this very much, but I mu-t prepare for the ensuing 
exanjination. This is perhapse the last session I will go to school, and I 
wish to make good use of my time. Time is precious; it is short with us 
and we should therefore make a proper and profitable use of it. One 
may be constantly emidoyed and not improve a great deal. This [is] 
owing to a want of method and regularity. One should eiuUavor not 
only to read and think a heaj). Init digest all he reads and thinks. .\ 
great fault now prevalent is owing to this. Many who consider them- 
selves advanced are mere i)ests to society and ilo much more liaruj to 
mankind than good. It is indeed seldom that we find a man who knows 



ArursTlH H| MMKHFIKI.n MKKKIMnN. 2-) 

fully lii* ilulv, MtiH r*-m nhrn hc fiiiil one who kno%%» it. he docs rnrcly 
|>cr' 

/' tA/fr A /^ — To-iiiKht I have <«|ient the principle part of my 

lini> irt. ••Review nn<l repetition," siiy* L<Kk, "nrc 

'"• . I..- i.|tg of ^^ |W«ok." I will now look over 

■ n (iraninicr I,e«»Hon ami retire to ri-'tt. 



:. nu 

ajctly 

thrni 'I Men who are con<ttnntly 



- llK- 

.V in 
niimt tiui in * liAt in the ni.ijurily ol rniMrs men 

.r. .[ .,■ ....,1 • .. ....u-h re%t, ni<iny time* we -tee them 

^v in till* manner. Itoth extremes Hlumlil 

/' ^ — I hnve •p**?!! *nm«> time tf>-n'i»hf in rrn»linj< Stew- 

ive a hin- 

: i . 'wern wa* 

the He »eenn» to have liern at one time n Ixjy 

in \' ' i<i u<kua1ly tlocMi. he out.Htripfietl 

all. , 

v.; ,H ill the 

»>-» This is 

>K-\iiii<l •ioiitit one •>! the nirnt intemttin^ work** i ever reaii or tttudieil. 

It .strcn){tli< !:s tin n ,-...!iii.' i,..«.r*. )«ives me a knowleilgeof the Human 

Mind an<: ^ua^e an<l expression. There are few 

"'■ ■ A. ss;,! III,. I. \\i\:' :i nave all tli ' So few. that 

•lo iii.iu has round .« lMM»k of ni"n- than Stewart 

It is owe ;it conncclion 

atentum ; ; < ct. and at the 

same time reaij other lKx>ks of the same kind on the same subject. 

SuHJay, Match ij. — I prepareil for the business of to-<lay at the usual 
hour. I read some in the Bible, .some in Stewart, some in history and 
s<»me in I'orter's .\iialysis. as well as Thompson's Sea.sous. .\t ii a. m. I 
went to Church and lH[a]nl the Rev. W. Kerr preach a j^ocxl sennon. .-Vfler 
returning from church, I s{>eiit some time in conversation with various 
\.iun^ k:nitleujen. At night I went to Church in company with my friend 
Ich. We listened with great pleasure at another sermou from 

\ 



26 Al'iiCSTrs SIMMKIMIKI.I) M Ki; i; IM( »\. 

the same niiiiisler tliat preached this iiioiniii.u;. He seemed to jjreacli. if 
any dilTercnce, with more energy than in the morning. 

Tut'si/ay, March /<?.— Toniglit is pleasant. Tlie new moon shines 
brightly, the sky is clear and all nature harmony. We should make our- 
selves contented with our present condition, knowing that we must in a 
few years, at farthes[t] desert the s[c]enes we now behold. 

Thursday, I\/arch .?/.— Last night I retired before the usual hour with 
tlie expectation of l)eing at business this morning sooner than usual. Sure 
enough I found myself erect and stretching abo[u]t 5 o'clock, but to my 
chagrin I found my fire utterly extinguished. I think that I will study bet- 
ter by going to bed at 10, and rising at five; this will leave 7 hours for sleep 
aud is as much as nature requires. I have been accustomed to sit up very 
late; but I find that such is not the best plan. 

Friday, March i-i-.— This being the evening for debate at the Academy 
I did not attend to my usual night studies. 

I find that disputation is quite interesting and improving. It prej)ares 
one for self possession in speaking in public. Many men have take[n] a 
rise in debating societys that raised them to considerable eminence. Upon 
the whole we mus[t] consider them very useful. 

Thursday, March i-,**.— Owing to the uncommon inclemency of the 
weather, and having no wood with wliich to make a fire hastely, I lay in 
bed until daylight came. This is what I very much dislike to do. Punctu- 
ality I have adopted as one of my characteristics, and I think it to be one 
of superior worth. After making a fire and washing I commensed the 
duties that I last night laid ofT to do. I got my Stewart lesson and recited 
at the usual hour. In the afternoon I wrought in figures. After return- 
ing from school I prepared fuel for tonight and in the morning which 
gave me good exercise. I then read some in Thompson, some in Todd 
and spent a few moments in meilitation before supper. .After supper I 
commensed reviewing. 

'Thursday, April /. — Commensed the business of the day at daylight. 
After washing, shaving and dressing I commensed getting my Stewart 
lesson. 

After school in compliance with Prof. Norwood, I accompanied him to 
his residence, with some other young gentlemen, and took tea. We had 
quite a pleasant time. I returned imediately after tea and resumed the 
business that lay before me. 

Saturday, April /j.—l arose this morning some time after daylight 
and read my last lesson in Todd's Students' Manual. I have now finished 
reading this little Vol. and must say that it has afforded me Jiiucli 
that is new and interesting. I, after breakfast, attended court for about 
two hours. The Ju<lge onlere<l the prisoner, who had ))een guilty of an 
awful crime, to the bar. .Xflii SlicrilT of the Count v brou-lil him for- 



' MMKKFIKI.h MKKItlMoN. 27 

y\.tt'l 111- '.nr «-rrv frrlinK iiitmluctorv rrtiiark<t. vxliortol 

ictil 

•iJ." 

'J li> K wiihout 

-' •■ --.., . .... ; .1 iiiiu->H of 

<-, I rrturiteil to my room aiul >;i>t !M>iiir 

,■" — I htvf »f>«^»l ilx- 'Iwv in rnn%-rngittoti aiiil rcu<iinx. 

-I. t fiixt tlicni to 

•»cr III ri-ml Ihcin. 

Till Il<- • niatirr IImI c*ry •. ^liiow Th«»M- who 

"■•' '•' ■■■ fcimwlftlxf %%ill tiiid 

til All the our of which I 

low II 



.->;<';./.;». .ipis- . f<.i \\\ -. ' nUMllv ill the 

Rihir. I went U\ y i \ u .1: 1 Kerr preach 

n \it\ >;. with 

li' .:>;ht. 

Mihrrr I licrd « K*'*"^ Mmiiun Iroiii the •miiic miuistcr that preached this 

.-/^mV ^.— After fliniirr I rrturnc<l to school ami a-Hkr<l {k.t- 

lu ■ * ■ " ^t and I 

rclii I arrivc<l 

at home a iittk- liciun; ^uniiuwii ami was K'^'^te^l l>y my dear father 
Ilrothcrs and SiMer*. 

S.tlutiixn. jj. — Thi^ moniiii); I r«»!«c at an early hour ami prepared to 
>|Kii<l the day plcaMirahly. I first went with niy father and some hands 
to the farm on the road and there enio\e<l the pleasure of seeing them 
•lilch for • invited me to j'o with 

him into -<iuirrel>i. He furnished 

me with a lowiui); piecv and oti we went. I'lifortunatcly we failed to 
hrinx; anylhiuK within our grasp. I returnetl and spent the rest of the 
• I. IV in company with my fattier and family. We converged much and 
pie I I did not for>;et to read consiileraldy. I sat up very late. 

.s,. -To<lay I s}x'nt with my friends until 12 M. At this time 

I wa.- uu<i(.T tlie necessity of starting; to the place at which I now am. 

M edncsday. May /. — .\fter school I came to my room and commeiised 
my speech for the examination and close of the session. I hope by 
.1,. ■'•>■■ .— '-t ..'.-■• t.. i>< .1:.- . .^' ! -ipeech. 



28 Ar<;isTrs s(N[Mi:i;rii:i.i» mi:i;i:im<in. 

The si)(jccli above referred to is, I presume, llie one 
inserted l)elo\v, and from its dietion and sentiments it will 
be seen that lie had earnestly applied himself to his books, 
and had endeavored to profit by snch opportunities for 
intellectual advancement as were afforded him. 

The first public speech I ever delivered or wrote. 

Speech to be delivered at the close of the Spring and Mitiitiier session 
of Asheville Male Acadetny. ending June 14th, 1850. 

PROGRESS OF THE HUMAN MINI). 

RkspeCTED Audience:— Aspirin ji to perfection the mind of man is 
ever progressive. It had its origin in the IJeity and its irradiating influ- 
ence is felt throughout the world. Trained in the school of science and 
conscious of its own superiority, it disdains to rest in obscuritj-. Sur- 
rounded by the mysterious mazes of nature, it combines all its invincible 
energies to contemplate and decipher them in all their original splendor. 
Destined by its divine Creator to high and undying enjoyments, it is ever 
its province to solve the mystic problems of the instructive past; to muse 
upon the decaying interests of the passing present, and to look forward 
with philosoi)hic eye into the eventful future. To know what has been, 
what is, and what is to l)e, is to possess one of the grandest attributes of 
perfection, and the onward march of mind during the lapse of six thou- 
sand years, sufficiently evinces to us that this is its prominent desire. 
Though in the wise organization of nature mind is endowed with this 
ambitious property, yet, omnescience is placed beyond its matchless grasp, 
and as present associations pass away new ones present themselves for 
our consideration. Doubtless the ancient Philospher, as he sat musing 
over his splendid achievments, thought to himself that the exalting title 
of perfection was to crown his own laureled brow; but behold how glo- 
riously deceived! Look for a moment at what has been accomplished 
since he went rlown to the silent shades of oblivion. Minerva is now 
majestically seated on the throne of wisdom and the muses worship at her 
sacred shrine. The world looks with amazement at the unparalleled pro- 
gress of the Arts and Sciences, and the happy influence of the revolutions 
of the great moral and political emj)ire of man. Ignorance and error are 
dethroned and intelligence and freedom now occupy their places, — shining 
forth with all the effulgence of the noonday sun. How vast the change! 



• MMKHKIKI.Ii MKKKIMON. 2J> 

hm* «ttMtmr!v pmurr^^u-r the Mind' TTinti;»h <iuch utaiuI rrHiilts have 

\t only I . <toe ilinily thrnuKh tlic 

:;iturr ihc ;. :.!j1c M>urrc* of cli'icovcn" 

• inipmvnirnt of miml con9i<»t!* ihc happincii!^ of 



•"""' " v^rrn man nntl his 

' ■ ■■ •••■• "■■ 'n . you cliiitroy a Kcni 

\ 

iliroti){h 

,. .. -.;incnt.H of 

i'"" ■ •tj on the *wift wing** of 

''«'■ ' • <ini<l 

the ■, i, 

XI. .tti4 whw^ };lii:c{iu,{ i<;ui>4«.l4. n-*:f, aU>Vi- tltv loniprc- 

Lei u« • that long jwricwl of uianS rxiitnncc 

ift. r !.•, „.,t.i I,. .), .r ...,,,,„! hinincif a« the 

Munrnt, of the Arts 

1 let 

the 

liicr thrtt then 

'.v, which ever 

has ami ever will;— n love of knowle«lge nn<l freeilom. Then come clown 

to that glorious era in the history of the worM when man first conceived 

the iilea of transmitting to posteritv his name, emhla/oned with nil the 

•tiing 
:;i ite- 
li miprovement, and lor the 
■ Ige. by inscribing it on the 
walls of the eternal Pyramids of Kgypt; which themselves teach a lesson 
not yet learnetl by man. Concentrate evry power of your fancy, and 
with an air of solemnity, fix them for a moment on ancient ligypt, "the 
laucl of S tions." In that land, rendert-cl sacred 

by the uti achievments of its illustrious inhab- 

itants, the original architect of human happiness and grandure, laid the 
corner stone of that majestic Temple of \Vis<Joni, that is allready reared to 
a height thai is seen from the uttermost parts of the world and which is 
' ■ ■ ' * •'• higher and higher, and shine brighter and brighter as end- 



*30 Ar<;rsTi"s simmi:i;|-ii;i.ii mi:i:i;imiin'. 

less ages roll awaw The knowledge which llial Nation ])()ssesse<l of the 
Arts and Sciences, Literature, Painting, Sculpture and Architecture will 
ever he held in hoh' renieinhrance hy the Moralist and riiilanthropist. 
They point to it as the beginning of intellectual history and with admira- 
tion, trace from it, amid the mighty revolutions of devouring time, the 
present high and unexampled state of human perfection. She chose to 
write her history on stone and there it stands, braving the corroding tooth 
of time and there it will stand forever. Her stui^endous pyramids, the 
repositories of her dead, her towering oblisks and magnificent temples 
will cease to exist only with time, as living monuments of the greatness 
and grandeure of their ambitious anthors. Hut notwithstanding all mer- 
ited greatness, she suffered the delusive phantom of imaginary perfection 
to pervade her divinely favored domain, and transform into the devotees 
of Bacchus those who before kneeled at the shrine of Minerva. And alas 
for Egypt! alas for the world, her luxury and dissipation, the high road 
to ruin, introduced among her proud inhabitants direful discord, the 
inseperable concomitant of war and intellectual desolation. Bloody 
Mars, the stern avenger of insulted genius, laid hold of her boasted 
powers; — struck the deadly blow and she was learned egypt no more. For- 
tunately for mankind intellectual improvment, like an ever-flowing 
stream, is onward in its march, and though at times it moves at an imper- 
ceptible pace, yet, at others it breaks forth with all the grandure of a fount 
gushing from the earth, or the sublimity of the bursting forth of volcanic 
fires in all their spontaneous and original force. Though the intellectual 
fire that began to burn with such glowing luster on the Egyptian altars 
had gone out, it was allready rekindling in another nation to burn with 
redoubled [brilliancy?] and illume, not only its own proud clime, but 
the wide extent of a benighted world. Greece, noble Greece, the land 
of the Poet and the home of the Philosopher had already caught the end- 
less strain, and as the bright star of Egyptian glory was about to set in 
the gloom of an eternal night, she sang a mournful requiem to its untimely 
departure. Animated by the unparalleled example of intellectual improve- 
ment placed before her, she combined all the unconquerable energies of 
her mighty genius to imitate it. And how well did she accomplish this 
ennobling design ? Go seek an answer amid the desolate shades of her 
classic halls, and a hollow murmur breaks forth, from within their silent 
recesses, be thou the umpire of our departed greatness; — then turn with 
solemn and pleasant emotion to behold the millions of libraries that now 
deck the shining walls of the literary world, and ask the question, whence 
came this world of learning? From all sides you hear the long and loud 
response, Greece learned Greece is the high source from whence it 
originated. No where else in all the bright realms of ancient learning do 
we find such a concentration of genius to unf()l<l the hidden l)eauties of 



MMKRFIKMi MKKItlMdN. 



•U 



I ri .ition and rr-tnrr tn rlrunnrr :inrl refinement thr rlrijrade*! state of 
f.illrii niin. ktrnmlup ml l>ehcl«l her- 

. . ft,., ut.r ,., « ,, —••ttcil thrill- 

tioii niid 
ti for 
..• to 



Uc prrrininrir 



on ■ 
nt-v 

« !*h lur .(s t)ii 
trui|>l.itr thr 1 
lllc fitlur U 



nation 



<-tnn) iniprovinent. 

-ni|]erinl city of the 

liml Ii»tenc(l with 

mill 

l-i tlH 



«nil whenever wc con- 



T 



tut 
IiU 
iiiir 



Inmi an ini{>orl.int part in a 
. .ii- derive from thi-m much of 
In them we liehold the oriKiiial- 



ihc 

■ r lOllS 

ii.iitrmi inire«l hy all loven* of original genius, 

only wlirii ; '• " • ite infinity and the aspiring 

mind return ' ^i mind hud braved all oppo- 

Mgh like the proud 

• vision of onlinary 

mortals >he was to encounter that enemy, which hut fur the unseen influ- 

enc<- "' ' '• \v ...l!' irv votaries. \v<>iiM li.ivi- sunk her in that night on 

whi r dawns 

Tin MowiiMi <•[ tiu- Roman hnij>irr. the military mistress of every 
n.ition, wrts the direful harbinger of that long perio<l of physical and 
iiili inmotion that marks the history of the world. Theportcn- 

tou- red ruin were seen hastening from the north to the south 

of Europe, where they were to dispel their firy fury and lay in desolation 
the once blissful alKxles of Orpheus and the Muses. Sanguin Mars, with 
his liarljarous htwts. made the golden temple of learning the awful seat of 
! the halls of science with the noble blooil of their royal 



■ yJ. AUGUSTUS SlMMKltlMKLI) M Ki; I! I M( »N. 

iiiiiiates. For llie loiii^ space of a thousand years intelk-clual darkness 
pervaded the world. The glowing fires that blazed on the altars of Greece 
and Rome had ceased to burn. The Poets, Orators, and Philosophers 
were hushed in death and tlicir hones were bleaching on the soil where 
they once taught. No light cheered the drooping head of science, except 
the occasional appearance of some giant genius, that, like the passing 
comet shined the brighter because of the surrounding darkness, and soon 
faded from the excited view to be seen no more. All bespoke ruin and 
in the language of the immortal Milton: 

Earth felt the wound: and nature from her seat 
Sighing through all her works, gave sighs of wo 
That all was lost. 

But all was not lost, no! Another mighty struggle was to be made. 
Although the Promethean spark that lighted the intellectual firmament 
had grown dim, and learning had shaken the mists from her pinions for 
a long and perhapse eternal flight, mind unconquerable mind was to 
make another effort to regain her fallen grandure. The cloistered homes 
of the Liierati that survived the dreadful storm were now to be found. 
Constantinople, the place of their refuge was made the seat of carnage 
and they were dispersed through the European Continent to continue that 
march which had almost ceased for ten centuries. In this mighty con- 
flict for predominence the mind was victorious; — she resumed her directive 
sway; — the dark clouds of raven despair began to dispel and the radient 
sun of the intellectual firmament to shine with redoubled splendor. Then 
was a new era in the histor\- of the world. The past was made the basis 
of the mighty superstructure of intellectual perfection that now graces 
the existance of man. 

Who does not contemplate with the highest emotion the swift march of 
mind during the last three centuries? Who, that is acquainted with the 
records of the past, does not believe that it has made more than a propor- 
tionate progress? It is admitted that the more the mind expands the 
more are its capabilities; l)Ut taking this into consideration, has not its 
march been more than a ratio? Behold what it has done, what it is doing 
and ask yourselves the question whether this be true or not? So vast 
has been its progress, that we might spend the thread of life and then fail 
to tell half the wonders. We might refer to the reforiii in Philosophy 
ami Literature; we might behold the improvment in Mechanics, and 
point to the majestic ship as she proudly ploughs the stormy billows of 
the mighty Ocean, and the steam engin that propels her, we might look 
at the telegraphic wires that conduct news from one end of our conti- 
nent to the other with the speed of lightning; we might look at the mill- 
ions t)f twinkling spheres that shine in ethereal infinity; point them out. 



-I XIMKUFIKLI* MKKklMMN. M) 

rxl rrvnlution^ wc niiKbt point to 
■ '. ami tluMi fail 
"f thrM* biifi- 
.Ir. 

rotiMiinlly iliMrov- 

in -.> i-oti^iM^ in it."» proj{ 

■<• il* unltoumldl |M)v*rr 



»j..irW u III! .1 

- ■ .. 1-. thr 

iulr«putr<l 
-he now 



■■ lh«l «!•• thunilrrnl from Stii 
i..j ' •■ • •--• !• the liKlit Ihnt -.li.... - .>.ili 

nirr HikIi ro««l to happint^w. Wc 



DO utorr. \\ ' •>( mind, that it ha.H 

llC< ! ... ,,^J,;,J 

■ r or 
; .ni.l 
Fulton. Mnn plou){h« the billowy Ocean; play« with the lightnings of 
Hvnven. nieaj>iirr« the plannetA nnci weigh^t the sun; how- long then will 
I! }>r until the un<tccn wotulent of the ocean and the bowels of the earth 
sli.ill l«- ■ ' " " ■ .lie; — nay, who 

•l.in— to .. now «loes the 

v;r«-.it w > t> iiiitiiurtal and wc have 

xt II th ■ ^ , '1 What then are wc to 

«ot), hit|' t<> happiness, when in the language of the Poet it shall 



h.iM- |>.i--- 



The flaming hounds of space and time; 
The living throne the sapphire blaze. 
Where angels tremble as they gaze? 



Are we not to conclude that it is still onward; that it is still approaching 

f!>.ii tM-rr>'.'ii>iii \.ihiih !■> tMri'i . t iiic] tlmiu'li it will livt- throughout etcr- 



34 ArcM's'iTs stMMi;i;ii i:i.i) mi:i;i;im()N. 

nity, it will still be making new discoveries, (leiiionstnitiii<4 new truths, see- 
ing new j^lories and enjoying new happiness? This is our conclusion. It 
is onward and upward ! How great then is n)an, how great that spark of 
Divinity, that has l)een kindleing for the long round of six thousand years 
and which will continue to shine brighter and brighter throughout the 
long ages of vast Kternity! 

The father's moderate means did not ruhnit of the son's 
beino sent to college, and, snch being the case, Angustns, 
with the determination that characterized many of his 
later actions, and which was strong enongh to snrmonnt 
the difficnlties that beset him in nian\- wa\s, jirocnred a 
position as assistant to his former teacher, Mr. Norwood, of 
Asheville, and was thereby enabled to continue his own 
mental training while endeavoring to train the minds of 
others. He was not shnt off from difficnlties and tcmiUa- 
tions, and therefore knew their nnderminino: streni'tli; but 
it seems that the stnrdy fonndation of lofty character had 
already been laid, e'er he left the home of his yonth, and 
that he was fortified to resist the allnrcnRiits of temptation 
by strength of self-discipline. Mis early writings, when 
viewed in connection with the circnmstances of his earlv 
life, his limited edncational advantages and the individnal 
effort exerted to snrmonnt those limited advantages, reveal 
the character of their writer, to a orcat extent, clearh and 
unmistakably. 

After assisting Mr. Norwood for some months in his 
.school-work my father turned his attention to the study 
of the law, the regular course in which he began, accord- 
ing to his own account, on the 5th of December, 1S50, 
being at that time but little more than twenty years of age. 
Two of his cousins, the Mi.s.ses McDowell, had married 
the well-known lawyers, X. W. and J. W. Woodfin, and it 
may have been either from a-ssociation with them or from 
natural inclination that he chose the studv of the law as 



IKI.I» MKKKI.MnN. .'l-'i 

til- f !ii^ life. However, from the diary written 

1 which is now in my possession, it may 

pnrsned his chosen slmly wiili 

in I .. . .i,ij.^ j|„(^ i„ rea<linj^ 

til. Mlh the iH'anty an<l 

nc of the expressions and sentiments, but also 

> markt his 

>, anci .11 >• >% I .III 1.% ii li the 

lie that l)ear> sway through 

till wli.U Tlie slronif |)oints of the character of the 

in his words, noble and 

' •- •• r vouth. 

.lid tinie- 
\v..Tii '!<• unients, velh)w with aj»e, written in the boyish 
h ijulwritinji characteristic of the writer, the ex; 

aiJ ' ' ■ •^, with the faulty s|K*nin^. have been ; 1 

ca : 

i..v^ 1 I....V. V i.t vuY OF Till-: STIDIKS AND 
\ S MHRKIMON 

I roniiiicnM^I ihc «tuil> thai I jirc^unic will 

• > •■•- •■• • -0.1 upon tlic MiiiJy of the 

■■■* tlir HikIi roail to wealth, 
lu- cvrv 

,♦, ' it in 



r it is front hitu cotnr!* all thiii);s. One 

- - ns shall l»e wantin){ on my part 

RelvinK on the inaxini. that 

;„ !<>r, though ikU with- 

,„.■ •,.» climb the mijihly 

inii in repining; have piiinge<l the <lark abyss of 

i. ..i... ...->,. ..V ..;cat (led save nie from this! 

I ha\-c t«lay studieil the chapt. upon Absolute Rights of persons,— one 

mil of interest, ami which I «loubt not I understand tolerably well. This 

evenini; 1 rrid a chapt. in I'aley's Moral Philosophy upon the diflerenl 

lent, which is quite interesting. Some domestic busi- 



.■)('» AUGUSTUS si>[Mi:i;iii;[.it mi:i;i;im()\. 

ness prcvi'iitc'il iiic from reading as much as I had iiittiidcd, however I 
had the hunger time to reflect on what I read, and reflection is heneficial. 

This morning I went to my Preceptor's Oflice, J. W. Woodfin Esq. 
and was soon met by him and Z. B. Vance Esq., who is my brother student 
in Law, and is one whom I esteem much. I think him to be a young 
man of more than ordinary talent, and at the same time possessing a 
manly, gentlemanly disposition. I hope time will ])rovc us both good 
friends an<i useful members of society. 

Sunday, December j. — The day being very cold I felt disposed to keep 
near the fire and enjoj' myself in reading. I read several chapts. in the 
Bible, and not a little in other books. In the afternoon I went to the 
Methodist Church and herd the Rev. E. Rowley preach an excellent ser- 
mon, — one which did him credit and which I would suppose entertained 
his audience very much. 

gth and lolh. — This morning I arose at the usual hour and prepared for my 
daily business. In the first [place] I read a chapt. in the Bible, and this 
I will make a general rule, for the first matter to which I attend in the 
morning. I then engaged in some light reading until breakfast, after 
which I read Law, upon the subject of the Kings Prerogative until 9 
o'clock. Then paid a visit to my relations, which was verj- pleasant 
* * * After returning to my room I spent the day in the stud\' of Law, 
except at intervals when I would be reading something amusing rather 
than instructive. 

The evening the top story of our Court House went up, not falling far 
short of one hundred feet from the ground. May the abilit\- of the bar 
be in proportion to the height of the house! 

December 10. — This morning I prepared for business as usual. After 
my Bible reading I commensed the very long chapt. in Blackstone, on 
the Kings Revenue. It has occupied most of the day; some time, how- 
ever, was spent in assisting Mr. H. Johnston in his store. This I can't 
call lost, as I am thereby profited. This evening I spent some time in 
conversation with my friend Z. B. Vance. This was quite a recreation as 
he is full of life and fun. One loves to be relieved occasionally from the 
close paths of such reasoners as Blackstone. Tonight for the first time 
we have had an examination upon the Law. Mr. Woodfin examined us 
about an hour and I believe we met his anticipations. 

I will now, (12 o'clock), retire to rest, and find the peaceful enjoyments 
of sleep, which seems to be rest, and the only rest which man has, frome 
the cares and toils of busy life. Sleep, O sleep, thou art the balm of our 
existance. * * * How wise, how great, how good is the Creator of 
Man; — the dispenser of all blessings ! 

December //. — I arose this morning at the usual hour and found nature 
all serene. Beautiful as a virgin was the morning, and all seemed inviting. 



MKKKIKI.h MKICHIMON. .', t 

- irnMiiit it in to 

: of the hantmrr. the 

M<, the 
rotii- 



...i-.u Ihc 

rrr. How vi»t, how 

'< . lint 

; HI in 



nr . 

■ ut with hi* 

I that thiA 

; whrii 

.;ty 111 

- wiii he chcn»hetl. Ti« thnt 

ivrrMilion with «aine viftitor», 

; \ .»!»«€• \i'' '11 wc Wfiit 

r. • • Wr . k Aflir 

•ui I lia«c •(■cut notne tiiuv ut ciaUuiK .nul will now, 12 

-t. 

I have to(l«y done my u»ual amount of reading. My 

> - • -,| two chaptA. lioth dry and of little 

•-al knowletlite. One cannot, however, 

ivs; for he says 

of this (juality. 

yd, this would not 

iw, it InrinK its ohjccl 

t to tell u» our duty in plain and uninistakeable 

I have spent the greater part of the day in reading 

• vening I calletl on my friend Vance and we spent 

;illv. However. I paid well for our pleasantry as I 

got wet on my way home. Tonight I tried for the second time in my 

1,... f.. ..^ whether I could do anything with the Muses. I made a sort of 

not very good. Indeed I dont believe I was made for a Poet. I 

l.iste for I'oelrv, let alone writing it. I have for some 



•*i 



38 



AliiCSTlS SIMMKIMIKI.I. M Ki; I; I M< >N . 



time been tr\ iiii; lu iiiii)r()vc my task- in tlii> ropeit, but with siiiiiinK liult' 
effect. There appears to Ik- sumetliiiij^ of too small a nature or too j^reat. 
I hardly know which. 

January .:.,s'.— This morning for my Inst imjirovnu nt I have read a chapt. 
in the Bible. This is a book that is not only valuable because of its 
divine character; but also because of the vast amount of general informa- 
tion it contains. It has something in it about allmost everything, some- 
thing too, that all feel interested in. All should read and study it. 

For the last -'^s of an hour I have been listening to the folly of youth, 
and truly the folly of youth is folly, for in it is no worth' It is the 
height of folly to pass one's time in the company of the vicious. Vet, it 
IS impossible to avoid such company as we i)ass along the misty wrecks 
of time. Wo unto the youth that spends his time in talking idly and 
never thinking for a moment of that which is noble, of that which makes 
original barreness present greatness and worth. 

January i-p.— This morning I was up as usual and read a chajit. in the 
Bible. After breakfast I finished the first Vol. of Blackstone's Com- 
mentaries. How much I know of the science of Law I can't determine. 
I have gone over the vast field of Rights of Persons and Rights of Things 
and though I can perceive I know much to which I was before a stranger, 
yet I can with equal facility see that there is much that I do not fully 
comprehend. I have spent some time today in general reading. This 
I consider an allmost indispensable requisite. My education is not that 
of one who has all the advantages of a life of plenty, and I nui.st so far 
as possible supply this requisite by increased labor and application. The 
sun rose this morning in all his shining splendor but was soon obscured by 
the dark snow clouds tliat pas.sed before his cheering presence. How 
illustrative of this life! The winds are now howling the requiem of the 
past day, and tell mournfully that we may never expect its return again. 
Surely we ought to improve evry moment; for when once it passes us 
we embrace it uo more, it is then with the eternity of the past. 'Tis 
mournful to muse on tlie past: friends that once cheered our gloomy 
hours are gone to the land of spirits, precious privileges have been per- 
mitted to pass by unembraced and we are the dupes of indolen»-e and 
ignorance. Where is the man who can say I know of no hour that I sj)ent 
unwisely? Ah! he lives not, and though thousands of great and illus- 
trious characters have graced the world, yet none have died without some 
secret regret of some mist spent time. How careful shonl.l we bcl 

January 3/.— \ have now commensed the business of the dav, bv read- 
ing a chapt. in the Bible. I find this book of hooks more interesting 
than at any previous time There is much that is interesting to me, both 
as historical information and as that wich is of the Deity. One cannot. 



AIHJI'STIS SI MMKKIIKI.n M KUIJlMoN. .'^O 

l«M> well uiulemtAiul the works of the Deity and there is no l)ook l)ettcr 
' to unfoM thrni thnn the nilile. 

• • ilinner. was reading over sonic of the chapts. in Blackstone 
on Personalty. I also read sonic of I»alcy'« remarks on religions systems. 
I am not fully convinscti of his «Ioctrinc, ami further. I lielieve that our 
own happy institutions j{o to prove the contrary of what he writes. 

Since dinner I have lieen cnKaKcrl in reading my text-l)ook ami Shakes- 
pear. 

Ffhrui:- iriiiK the greater pari of the 

day in r- . ; ■ .ne's ist and id Vols. This 

evening my friend Z. B. Vance calle«l at my room and myself and 
he, after taking no small cpiantity of very gooil apples, took a walk for 
our exercise and amusement. Returncfi and examine<l the Court Mouse 
as li' 

I • iio*»le«lge of the Latin Language very much in 

my way I am constantly comeing over I.ntin words and phrases that 
very much frustrate mc in my comprehension of the intention of the 
author. I see no way to overcome this difTiculty hut hy untiring perse- 
verii; ' * tistant refTcreii '.«-st Kng. Dictionaries. 

/* I read l.a« v until dinner. • • • >fy 

tastr u.f !i. .|HK.Uy» I find is U. rtter. and much that I 

once found ilull t«> me, is now \ This is calculated to 

improve ones language and sentiment. The «lay is like a May day. The 
sun shines beautifully and wannly. • • • \Vc see the bu.sy merchant 
cngage<l behind the counter, we hear the rap of the in<lustrious carpenter 
and see the stunly countryman as he comes to get his domestic neces- 
saries and farming utensils. .Ml is busy life The student is shut up in 
his study prepareing. with ho|)e, for future <lays and years. He looks 
around at volumes of what others have clone and asks himself whether 
he will be able to leave something of the same kind Inrhind him when he 
is silent in death. He looks forwarri to the time when the world will 
l>ehold him on the arena of life, contending with his fellowuian for honor 
an«l tlistinction. .And while he thus me«litates, a deep emotion comes up 
in his heart which causes him to doubt his strength for these things. Vet 
with buoyant hope he still winds his way onward tiiroug the musty 
records of the sages that are silent in death and live only in their works. 
It is a consolation to him. to know that labor will make him at least 
respectable. How vast the I'niverse. how expansive the mind of man, 
and yet how little he really knows. 

Fe'hruary 2j, /Sj/. — Tonight Vance and myself met and passed a short 
examination. We will soon have finished the fourth book of Blackstone; 
then I presume we will take up Coke, a long and tedious book. 



40 AicasTi s srMMi:i;Kii:i.i) mi:i;i:im«'\. 

\\"e have heard from Ciov. Swain wlio thinks it advisable for ns to remain 
here until July. By doing this we will he prepared to get County Court 
Licens. I am of opinion that I will do as well to wait until next fall and 
get Licens, as I will have more time to devote to general reading. This 
is all important to me as my education has not been so extensive as it 
should have been. Labor overcomes all things. 

March S, /Sj/. — The brilliant sun has just gone down behind the west- 
ern hills; — all behind him looks sedate. Ten million tw inkling stars shine 
far above our heads. The silver moon moves placidly along in her ethe- 
real track * * * Truly the works of the Deity are wonderful, nay, 
sublime. If we suffer ourselves to rove in the widest fields of imagina- 
tion, we then fail to picture nature in all her beauty, in all her majestic 
grandure. How beautiful, how majestic, how sublime all around above 
and below me. 

O God thou art a God of greatness. Truly thou ought to be rever'd. 

A/arch g, /S_$/. — The day is beautiful. It is now 3 o'clock. I see posted 
along the streets gangs of white boys, men, and negroes: — quite a revolt- 
ing sight on the sabbath day. Men surely have very little self respect to 
be thus profaning the Lords day. They would be much V)etter employed 
at Church, or in reading some good book: but alas, where "ignorance is 
bliss tis folly to be wise." How unfortunate for the individuals them- 
selves, and how much more so for our own country. It is to be regretted 
that our State Legislature does not interpose in such matters. If we look 
around upon our country we see that it is quite ignorant, even of the most 
common topics, and yet, there is little effort making for intellectual 
improvement. So long as this is the case, so much the slower will we be 
in risiug to the highest point of national disti[n]ction and worth. 

April 14, 1S51. — Since morning I have been closely engaged in reading 
Blackstone, and Fearne on Remainders. The latter is decidedly the most 
intricate book I ever read. I hope to understand it at least tolerably well 
hy the time I am done with it. I dont believe that any one ever fully 
understood it, not even Fearne himself. 

Tonight I spent a few minutes in reading Cheinistrv; ;i subject that I 
have hitherto neglected. 

M<^y 21 . — For the last two days I have been engaged in reading Law 
etc. etc. I have not been engaged all the time and this I have to regret, 
for time is always precious and is doubly precious to me. If I spend it 
unprofitably then I have the greater cause of regret. He who would l)e 
great must be assiduous, however, great his genius may be, and he who 
would be nought, (and which God forbid I should be), then let him spetul 
his time idly. This I seldom do, and this is perhapse the reason I have 
such bitter reflections on passing time idly. * * * j look back and 
see how little I have accom]jlished, then look foruard to the work I have 



AUorj4Tr.S :4(MMKlCFIKI.Ii MKICHIMoN. 41 

to do and :ini fil!r<1 wrrh ijijirrfTrns-nn* of fcnr ii=5 ?-> tnv huccchs in the 
MorM. I ' \rr. thiit in a.s liinitiil 

afi<l unf.i 'i' hnvr :;ic highest ilis- 

tinction 

\V !) a hiinl of 1i1»crty. 

thr he roati is o]K-n ami 

on, • TViu\ Mmw of tlie 

writ I know not that I 

rvrr rc^il lh<- ' Napoleon with more »ynipn- 

thy than hi*. ,L- •> .- in<I the nio«t of all w.i« he, 

himself WAS the author ^. We have to pity the weak - 

nrM of ii; . - to lie tiiorc pittie<l 

whrn v»r 

Men I- iinil. ot Kfratiiewi hut h1«» liow frail they are 

when «»• 

yumf I ;ii* to have on li now. Tlterc 

are tent': " -n w wn- scurry around him. 

Tlir wh< '.4 arc »milinK with grain and 

all - 

W :i it nn .i!t: 1 TTindc all theitc wonder*. Surely 

he dcM-rve^ our ili Morsliip Hard nuitt l>c the 

heart of him who : — > -i-- •.•.■•(■ Coil. Surely 

»urh a mortal mu»t he <y>iiK- I <^'*"^ 

l>rlic\e there are Mich. \sii<> \\'>iii'i w iiit .i ixiirr proof of Ood than 
Nature. 

Jmm( t in rrntlinjj ltlack*>tonc nnd Saun- 

den». I :. - evening. I recited my first Latin 

lesaon lht« evening to Kev. H. Koulcy.— a gentleman whom I con»ider 
well qualifievl to iuMruct me in that language. I have commensed the 
study of I.atin liccausc I hclicve it will lie of great advantage to me and 
liecann I ' -■ cupied in such a study. 

Jttnf . , . . reading Hume's history of 

Kngland. it is very dry i must however notwitlistan<Iing this read it 
ond reiul it rUwely. It is of vast im|K>rtance to the well un<lcrstanding of 
the English law. 

July /. /.*>-/.— This morning I read a chapt. in Itlackstone, then read 
History, then spent some minutes in rea<Iing Burke on Taste. I then 
went into Court anil s|K-iit my lime till 12 M. • * • This is the first 
day of July. How fast time flies! How we should improve it too as it 
parses. 

July iS, aVj/.— This moniiiig I read several chapts. in the Bible. After 
)>r(.akfa»t spent some time in reading News Papers. At ,'j after 10 o'clock 

6 



42 ATGUSTUs srMMi;i;i"ii:i.i) mi:i;i;im<>n. 

I WLiit to the M. K. Church and hunl a very good serinon from Rev. W. 
Hieks. He is a very fervent man. His appeals to sinners are very vehe- 
ment. This evening I attended the Preshyterian Church and herd a very 
good sermon. It was well delivered and was written in good style. 

Afonday. — Th\s monung I commensed the business of the new week 
by reading the chapt. in Biackstone on the Feudal System. This is quite 
an interesting and important chapt. After reading this I read one in the 
4th Hook, which was no less interesting. I then spent the remainder of 
the fore part of the day in reading Hume's History. 

Since dinner I have been prepareing my Latin lesson. Latin requires 
a very great effort of the memory. It is not so pleasant on that account. 
I think however, that I will gradually acquire a sound knowledge of latin. 

.liigust s, /lSj/. — This morning I commensed the business of the day 
by reading the trial of Sir Walter Raleigh. This was quite interesting. 
In the greatness of man there is also weakness. He was a great man, 
yet like all others he had his infirmities. I then read a chapt. in second 
Biackstone on Estates in Possession Remainder and Reversion. This 
chapt. thoug intricate, was very interesting. 

It was at this early period of his career that my father 
met lier who was to be his helpmeet through forty years of 
life together, Margaret Jane Baird, daughter of Israel and 
Mary Tate Raird. The latter was a daughter of Samuel 
and Elizabeth Tate, of Pennsylvania, several of whose 
descendants of the old family of Tates may now be found 
in Western North Carolina. Israel Baird was the son of 
Bedent Baird, who, with Zebulon and Andrew, his brothers, 
removed from New Jersey and came to North Carolina, 
settling in the mountainous district of this vState, of which 
section they may be regarded as among the pioneer settlers, 
where they became large land-owners and well-known citi- 
zens. 

Margaret Baird was but a school-girl at the time of which 
I write, possessed of intelligence, refinement and beauty, 
and the heart of the young law student was taken captive. 
In spite of other suitors he won this, the most important 
of the early cases of his practice, and henceforth lite held 



MMKItKIKI.I) MKKUIMoN. 4.'J 

for him n double dtHv nnd a still further inceutivc to caruest 

r in ih' years of his profcssioual career 

1,;. Mic ha'! ■ uianfully 

- 1 ••• ■ ... . ,.^ht ajjaiust. 

: houie coui forts, sleep- 

ometiuies U|x>n his office beuch at ui^hl or eudtiriu}^ 

oilier di^ * heeulered 

tip.ti 111 ri^hl pros- 

jK^iN..! nl iu view, uo sure reward before 

him iu the field of labor he had choseu 

To him I- ' dul\ ; tir.>i, in.s ciiosiu 

•••'•., then i..^ A ibat radiate from aud 

or around .» .:h kuowledjjc of I^w, Rcueral lit- 

re, history, travels, biojjraphy, were to Ire read aud 

■ with the prixlucts 

^. , ... , juversalion, Ixxlily 

ihe>e were im|K*rtaut to him as bear- 
ing upon his Miccessful study for professional life, when he 
rec«' V of time. 

p, , ...... ihcr diarv ktnt «lMriii'4 

the r 

lu^a : HtT* momttjv' I r»-««nt»' 0»r prs^rli^r of Jonmalizinx, 

• thrutiKh 

./.in>» is a 

• mu«rtiirtit. and it i* at the »«nic time, very J»cncficial. It 

• ■ • - if all he has done and many 

h !!kucce<lin>; day. that might 

'. ihouKh he cannot 

ry to us, we know 

little almul. and hence the great nece^-ity ot avaiiuiK ourselves of what 

we "lo and can leam from the past. 

In the forenoon my law reading include*! a chapt. in Story on Con- 

•Agcncy."' It contains only a cursory view of 

.•t. Haveing read a more extenile<l treatise on 

the ~ 're. it serve<l me well in refre>hini; my mind in 

T,y '.ant and leading features. I spent some lime in 



44 Ar(n'sTi's srMMKKi'iia.D mki;];imiix. 

reading lis^ht literature before ditiner — Moore's Poems, Ivsojj's I'al)les, 
&c. I am fond of Moore's melancholN' poetry, and quite amused at 
Esop's Fables. Everybody ought to read tliem. I do\i't known how I 
have neglected this so long. 

.higtcst 2, /Sjj. — l find that my literary aj^petite (juickens evrv day 
and I should not be surprised, that, though formerly I cared little about 
light reading, I make it convenient to spend many hours in reading the 
English Classics. This would not be limt- ill s])ent bv anv means, — evry 
man ought to be well read, and indeeil, if he would be a good speaker, or 
be considered an intelligent man, he must, both read and study what 
is termed light reading, or literature. It is matter of pleasure, amuse- 
ment and advantage to one to make himself fully accpiainted with literary 
books. 

Tonight I attended the Division of the vSons of Temperance. There 
was quite a small turn out tonight. I fear that the glorious cause of Tem- 
perance is not moveing on as rapidly as I could wish. 

August J, fSjj. — There is now great excitement in regartl to the Con- 
gressional election. 

In a Republican Government like ours, of all classes of men, dema- 
gougcs are to be feared the most, and I do not hesitate to say, that if 
this happy country is ever ruined, as I most sincerely hope it never will 
be, it will be done by the acts of demagouges, base slaves to political 
asprations and ])refcrmcnts. It is to be hoped that there will always be 
men enough, I mean good men. to save the country of the quicksands of 
disunion and dissension in evry crisis. Ivvry patriote ought and does 
deprecate anything that has a temlency to weaken the bonds that bind 
this great and glorious nation together. Our Union is our safetv, our 
safe guard, our all and may the ruler of all things ever j)reserve it! Who 
does not love the Union? Where is the man so base as to even wish to 
see one single lie that binds us as one people dissevered ? If there be such 
a one let him blush in shame and die the death of an infidel. 

. I tiff list 6, /.S^?- — This evening I have spent some time in reading. 
Tonight all is lovely, nothing is to be heard save the cricket upon the hearth 
and the Catadids among the trees. How lovely! how melancholv! how 
pleasant to him who woes solitude! Let the soul on a night like this 
withdraw herself from surrounding circumstances and contemplate for a 
few minutes herself. How high her being, for what noble purposes created, 
and to what end destined ! ! Who can estimate her worth, who can meas- 
ure her height? Not the tallest Ark Angel in Heaven. She is the vital 
part of man, the important part of man, let him look well to his present 
existance and prepare for an eternal one. 

August S, /S^ji. — The fore part of the day I spent in reading Law. I 
read the law of Bailment. 



-I MMKItKIKI.il MKKKIMiiN. !."» 

I h^rr An^HH rr-^tme 'hr S«^tt.h Chtr^ Tl.. V.-.k i* uol Hrillcn in 

IK <i»«i it i» not 

hcroinm. high. 

■io»c «lio arc nt 

;it i(|IiaI nf Sir Wil- 

'« h Ihc virlor* of nil 

r. It alM> prcM-iitik III a 



r llir S« ■■(t» lliii 



wrrr n 



I (car 

'!l <T ! jic y Imvc 

.uul that thrv 
"' t. 

' "« »«u»ily rncn^r.! in rraduiK '.!» 

irwluiK. i hiivr ihouKht v The ilay hoit 

€.U« I I,,.. . . ...,,, .„^,,.rr« Ml ,<,r , :;,.,„ ^l^^.^^ ^^^^^ 

t«» Churrb. 

i from hU lalior 
""'■ 1 H a day i.f Mmi 

*"" • "••<-l\r» rrwlinK ati«| thinking; 

' ' '• '■"K^K^i «n rcailiiii: 

'V on Lontrarlt aiul 
**" vrW*, an.l highly ilntcrvui); cvry 

*"' :» I fcrl niiirh iM-nrlittcI t.v tlu- 

. htcurf ;f. /«;; TTii* m.-m mil- I < • >ninirn»r<l a review of Ii;.,. ^-i-.n, 
"^ ■ ■««! more interest ing evry time I 

•"*■*'' •• • ■ ■ "'" •* " '• w— In all my rtaditix I 

have not found a %»t>rk on anv ;rchen*ive.— All ihc law 

rfti cxtcnde<l view of the sub- 

-ter's hand, and the more you 

1 are cnpahle of understanding him on 

■ L>f toilay. I have Inrcn euKa^efl in rcad- 

injc Starkie on Hvidencc. and other niiM-ellaneous reading. Tonight is 

■ -^^ Is myself. Kvrything 

V look* - r it has none of the 

l*^'- -itic. il look» like llii- work of a (Jod. What a 

*''^'' O that I could understand its origin, it as it is 

and ii!» dcMiny ! ! 

.'Imgmst jt, /cVjj.— Today is the last day of summer, and who has not a 
tear to »hed over the summer gone? Could it not have been spent more 
profitably than it has.> Ask ourselves the question. Another half year 



46 .vn.isTis SIMM i;i;i iKi.i' .mi;i;i;imi>n. 

is yonc and with il what iiiiKlUy Ihiiij^s have- coiia- ami kouc— Ten Ihou- 
saiul glorious crops have come, and ten thousand more beautiful fields of 
flowers have come, and millions of new things have come,— are gone or 
partly so. hut more than these are gone. Some of the greatest and Inrst 
men of the world are gone, mighty things are gone and we shall see them 
no more. We too are passing away.— will soon have filled our course 
here and let us do it well, we can, we should. Let the next six months 
of the passing year witness greater efforts on our part to do evrything 
that devolves upon us to do. 

Thursday, Sept. /. /cSj-j.— I'all with her leveling sythe is commensed 
her deadlv work. Flowers are gone and the leaves are following fast after 
those beauties that are already gone. Nature is a great book for all to 
learn from and we should all share what was no doubt intended for our 
common benefit. If man had nothing to teach him, but the broad Tni- 
vers, he surely could not be ignorant.— What lessons he might learn 
from the Globe on which we live! What lessons from the moon and stars 
and sun ! ! With these silent teachers man ought and surely would be a 
great and intelligent being. But we have more than this, we have all the 
learning of all the ages that are rolled back on the ocean of things that 
were. All that our fathers learned is at our command. In view of all 
these facilities how learned we might be, what great knowledge we might 
possess,— nay, how -wise we ought to be ! ! How wide the feild of thought! 
Where is the limit? Mind is eternal, its grasp is infinite and its aim 
should be to search after those things that have the greatest to promote 
the happiness of the same.— How few think of the strength, of the intel- 
lectual strength of man, of what he really is? How few think of his 
capabilities, of his destiny! Few. indeed few. Men move on and live as 
though it were a matter of course that they should live, little thinking of 
their high destiny or of that that devolves upon them as a duty. Fearful 
idea! -I hoM that evry man has a great duty to perform. We all are 
inilebted to society alike. It is evry man's duly to do all that he can do. 
to promote the greatest and best good for all mankin.l. It is his bounden 
duty and it is his interest to do it. but how few believe il! How selfish 
is man! How few love the great heard of the human race! When we 
look at things in this regard in their i)roper light how melancholy a state 
of human affairs do we In-hold! ! 

Thursday, September S, A. D. /.V5,'.— Tculay is the biilhd.iy ..f luy 
wife. She is ttnlay nineteen years old. fresh and l)eautiful as ever. She 
has a devoted heart, a constant heart. A Good lady. This evening I have 
read Law. 

Friday, Sept. 9. /.Vjj.— This morning is very damp and unpleasant. 
I have comniense«l investigating the subject of guo Warranto to<lay, 
with a view of commenseing a suit of that nature shortly.— 1 find that ihe 



AirasTrs srMMi:i;rii:i.() >[i:in:iM<»N. 47 

Knxlish rraclice on that portion of Law has been quite loose. Our prac- 
tice I apprehend is more so. 

How nnromfortahle one is ren<lere<l by a lonj^ spell of wet damp weather. 
Wet weather however, is a part of the course and operations of nature, 
and «>ne should Ik: reconcile*! to all temporary inconveniences ami un- 
pleasantness. I have always found l>y my own experience and that of 
others too, that Nature iloes all thinj^s as they should Ik-, that in the end, 
evrythinji works together for C'iCmI. I'rovidence is the l>est j^uide. Mans 
ken is too short to order the course of nature. The w isest and greatest and 
iK'st men many times fail to direct the small .ship of a single state properlv 
and safely and how could he steer the vast ship of the Tnivers, with 
all its ilifferent <lepartments through the great Ocean of infinitv? The 
task is loo great, the tf)ur too hmg. the ship too stupeixlous for a man or 
a set of men to guide her. Then why repine at the doings of a being, 
the only l)eing that can control nature! It is folly.— it is foolishness! 

20 minutes after 8 o'clock.— I have just Ijccn reading from the Home 
Journal, a literary paper of some merit an<l not without .some reputation. 
I have just llnished rea<ling an .\rticle, or rather an extract published in 
it and formally endorse«l by the e<litors. as l)eing very goo«l, on Ivnglish 
life. It is well enough written and I have no doul)t is correct, if we sim- 
ply lcK>k to one grade of .society in that country. The objection to the 
extract is. that it represents the English f>cople all as lieing a people of 
most polished manners and practiceing the mo.st accomplished modes of 
liveing. As aliove remarke<l. this is true if we confine ourselves to one 
grade of .society, but if we take the bulk of the cnglish peojjle, I appre- 
hend (piite a different tale might be told. The Hnglish people though, as 
polishe*!. as a nation of people as almost any other nation, nevertheless 
this high state of refinement is not a characteristic of the english nation 
and the error is. that the extract prorluces the impression that it is giveing a 
sketch of what is a common characteristic of the English Nation. The peo- 
ple of a particular town or village may lie very polished, but to give a de- 
scription of the people of that town would be very far from giving a correct 
description of the manners and customs and the general style of a whole 
people. One town, neither does one class, make up a nation of people, 
but it is evry body in the nation taken collectively and when one would 
give the correct history of the manners, customs, and styles of a nation 
of people, let him be careful to have an eye to the nation as a mass and 
not as a part. PMitors of Papers and Periodicals should be careful as to 
the matter they permit to go into their papers &c, for, let them recollect 
that newspapers and periodicals have much to do in making up the sum 
of information of the youthful generation, much to do in forming their 
opinions and principles, both political and moral and I might add relig- 
ion- \i.-' liowever. we have few good Editors! Notwithstand[ing] the 



48 



ACcrsTCS SIMMKitFiKij) M Ki: I; I M< (N". 



.uraiid ami iinportaiil position of an lulitor. we see scores of men niakinj^ 
their tlail[y] bread off of the public, in this capacity, when they could 
hardly write a business note of the siniples[t] nature correctly. 

Sepii-mlH-r 75, /.Vjj.— Today is a beautiful day. I have been enj^ajied 
all day in l>usiness and readinj/. This is my birthday. I am today twenty 
three years old. One third of a long life, if I should live a long one, is 
gone, gone forever and how much I have to reflect upon! Have my days 
been spent as profitably as they ought to have been ? Ah, that's the ques- 
tion. I have seen much and heard much and learned something. I hope 
I have done many virtuous and beneficial acts, at the same time I fear 
that I have done many things I ought not to have done. I have the pleas- 
ant reflection however, that I have endeavored to do no one harm and 
that I have never done an act that if it was necessary, I would be afraid 
for the world to know. This is a consolation, a great consolation, a proud 
consolation! The importan[t] part of life, in the preperatiou to act, is 
almost past. In youth we ought to prepare to act in manhood we ought 
to act, act for the good of ourselves and the good of our fellow man. If 
I should live twenty three years longer, I hope to improve them more 
profitably and substantially. May I do so! 

Monday, September 26, /55j. -[.^fter reference to occupations of the 
day.] Tonight is pleasant,— nothing disturbs quietude, while nature 
assumes her nightly mantel. A few thin clouds float lightly through the 
almospher and ten thousand little stars seem to sing sweetly together. 
What is there to make man unhappy here?— nothing, save that restless 
disposition to move on, onward forever! Man is not a stationary being; 
he stops at no certain point. One degree attained he desires another and 
when the soul has rcach[ed] the perfection of an angel, the probability is, 
onward, onward; will be the watchword. .Mans mind, in its thoughts, is 
infinite,— time and space cannot contain its wanderings. It reaches to the 
highest Heaven and goes down beneath the lower Hell. How great is 
man! how great and O, how weak! Mind is infinite and yet man cannot 
comprehend a blade of grass. What weakness and strength combined! 
Who can understand all of man ? 

Tuesday, September 2j; .1. D. /Ssj. — l neglected to note down that I 
read a very interesting Chapt. in Blair's Lectures on Rhetoric, last night 
after I had finished writing for the tlay. It was a criticism on the style of 
Dean Swift. Dr. Blair is very complimentary to the Dean, nevertheless 
he discovers many errors in his coniposition. He analyzes closely and dis- 
covers hundreds of inaccuracies tliat even a close thinker, and observer 
would not notice. The aim of Mr. Blair seems to be to infuse into young 
writers the sjnrit of care in regard to composition, to l)e careful to use 
proper words and to use them in proj)er places and in a jjioper manner. 
I admire his m.-miur of crilisism and wliile he does amjile juslise to the 



MMKKFIKM* MKKIUMoN. lit 

nuthor whme m-nling* hf i* rrvirw-njr. hr- points out to his readers many 

'I. This is well. an«l cvry 
/ictoric. 
/Hunday, Sept. .• ioday I found a man, (who became tny 

. 'i. ti - >.. I . ... .. 1 . 1. .- I . 

f a writ 

iiixious 

lo liiiit il).tl. he who 

"wl, for he that would 

t. 

, 'JJ.— This i* the l«<»t ilay of the fjn»t month of the 

fall M-a<M>u of the >c«r. One twelfth of a year ha.*. pA.<t<tc«l of m> soon, how 

little!: ' • - -' ' • • • • .V nnich oujtht to have 

been ■: 

Have had many 

'<ver, my circum- 

have »»ccn twd and I now »ee clearly that I 

tii .f i.'-orita))]y than I diil. But "tis vain to 

•le. let us improve the future and the 

1"-'"' ' ■ future. 

We all MX ,; i,^ to 

'' '..It we acted 

" , • to improve 

thr prmcnt and the future. It i» well too that we look at the comluct of 
others. We may leani to avoid many errors, if we will closely watch the 
conduct of our fellows, and many times, we may find virtues to imitate. 

:.-.l 
die. 
^ . : we ou^ht to submit. Why do 

men mouru when death comes and a friend is called to the land of spirits? 
It does no good, none,— it rather docs harm. It affects the mind, some- 
times seriously and Rreally fatigues the physical system. There are occa- 
sions when I thi; xo weep and lament; but not when the 
Maker of all th;: ^ wi.s<lom and justice to claim what is his 
own. 

Saturday, Oct. S, A. D. /.'fjj.— Last Sunday evening I left home for 
Court in Henderson County— Rode to my father's sunday evening, a dis- 
tance of 14 miles. Had a pleasant ride, found my father and family well. 
As I approachetl the home of my early youth. I felt sorrowfnl, sorrowful 
!i[t] that I would meet glad and merry faces, but I knew 
I one fond, and my best friend. No, no, my Mother, O, 
my Mother bad years ago gone to the silent house of death. My thoughts 



50 AUGUSTUS srMMKUKIKI.I) M Ki; I! IMON. 

were solfiii ami niouriifiil. — I recollect, distinctly that I never left lioine 
in my Mother's life time and returned without beinj; j^reeted by her first 
on my return. — But my dear Mother greets me no more, no, no, she is 
gone to the Spirit land. — I visited the spot where she lies mouldering to 
dust. It was after dusk, when I approached the sacred spot and O, how- 
solemn it was. No sound disturbed the stillness, the stars looked down 
in sacred silence and all nature seemed to chime in with my solemn feel- 
ings. I loved my Mother dearly and now cherish her memory with a 
sacred pleasure. She moulded my character in a great degree. She was 
a woman of most excellent mind, and a purer Ijeing never lived. She 
strove to do her whole duty and she accomplished it, if ever mortal did. 
She was a noble woman, loved and esteemed by all who knew her. 

I found my little brothers and sisters all well and jovial. They were 
glad to see me and I felt that I was at " My Father's Home once more." 

Monday morning I reached the Court aVjout lo o'clock, found a large 
collection of people. At ii o'clock the Court House bell rang and on 
entering the Court room I found many intelligen[t] members of the Bar, 

and on the Bench the Hon. Judge . Judge is a tall man, rather 

slender and at present quite lean. — His looks indicate that he is about the 
age of 65 years. His face is very much wrinkled and one would infer 
that the old Judge has indulged too freely the sparkling bowl. 

In a few moments Court was opened. The Grand Jury called and the 
Judge then proceeded to charge the same. — His charge was very short 
and it seemed a hard task for him to perform. Brevity seems to be a 
characteristic of the old man any how, for I noticed that everything was 
done in the shortest order.— The State side of the Docket was taken up 
first. No cases of importance.— Most of the cases were Assaults & 
Batteries, brought about by whisky drinking. — It required the time of 
the Court until Wednesday 12 o'clock.— I appeared in one State Case. 
My clients were charged with the offense of Mallicious Mischief. We 
expected the State to make out a strong case, and hence the counsel 
employed with me and myself prepared the case well. We anticipated 
that we would make one or two points of law and we went into Court 
fully prepared. When the case was brought before the court and the 
witnesses examined, we found (juite to our surprise that the State had not 
made out the case at all.— The Judge seeing our books, I suppose sus- 
pected that we would make two long and we[a]risome legal speeches and 
to comply with his rule of brevity, he said as I rose up to open the Argu- 
ment for the defense, "Gentlemen there can be but one point in this case 
and that is, was there mallice lo the owner of the property." "Von will 
therefore, confine your remarks to that point."— I therefore cut my 
remarks short and detained the court only a few minutes in regard to the 
facts. The Court remarked lo the Solicitor that the State had faileil to 



Al'il MMFIU'IKrr* XfKIJKIMoN. •") ] 

lii. !•>.». ..Ill .1 I .i-« , lilt Mu- .^luii iwii iii»ist<>i iijum a vcnlict. \Vc siicccctlctl 
in having our threr clicntit ac(|uittc<l. There was little business of impor- 
tance " • Ic. 

f r- ; onfiT nnil ilrcorum in our courts are not J)ct- 

•> not act ihc hijjh station they occupy, neither 

. -, ' •> '" ' ; .. rail a lawyer from the Bar ami ask 

him for a chew • . and I have frequently, during the week, seen 

••' 'Ti.lK'e sit u .. f jjj^ jji , , ^jjj^ 

- me. ns ir inn of n i lis want 

i.l pr. of atiy 

«»"t • . >. a iHnly 

of men ihcy arc «|Uitc talente«i, and many of them arc accomplishc<l jji*"- 
ii. tn. II Til. t have however. MifTerol themselves to fall into this loose 
inattention. Nothing of importance occurretl during; the 
\*'< k. "'Ill ..1.1 man. wh. .nt 

the court-house nitil f«-ll lie 

thouxht when ! ■ i. ' ' t> Hrcl«.hol Iruits ot whisky lirink- 

in>{I ••In !ic yesterday cveninf{. 

WfJueuiay, Lhloftft ij. /.v<,v— Court opened this mornin){ at lo o'clock. 
\ small case was taken up first ami has occupic<l the lime of the Court all 
day. — It ouxht to have licen disposcti of in half the time. • • Lawyers 
ouj^Iit to learn to do ' nul to arrive at what is just Inrtween 

man and man. I d<. !t is t!jr duty of a lawyer to assist a 

Miiiin.lrel in car : .lud his nei){hhor. It can- 

not .iiid is not h uty lo sec that the real inter- 

ests of his client arc looked after, and by this I mean his just rights. 

Thursday, October ij, /Sjj. — I read tonight Fletchers Studies on 
Slavery. —I read the same last nii;ht.— I find it unusually interesting. It 
takes a practical view of t' • same lime a philosophical 

one. It gtx-s back lo lli. lors it in the abstract and 

exj>oscs the fallacy, and groundiess objections, philosophers and fanatics 
have raisetl against the Institution of Slavery ever since the same has 
been an institution, and the work shows clearly thai slavery was in exist- 
ance at the earliest times of which we have any account. If .Mjolitionists 
in this country would read the work with an unbiased mind and free from 
prejuilice it would serve to disj>el many illusions from their minds, and in 
the end re<lound to the welfare of this whole country. I hope such a day 
will come. 

Saturday, October /j, /.Vjj.— This evening the Agricultural fair came 
off for the County of Buncombe. It is the first occasion of the sort for 
this county, and this is no compliment to the intelligence, industry aud 
pride of the county. Many thiugs were shown and most of the animals 



''>2 AUGUSTrs sr.MMi:i;i-ii:i.i) .mi;i;i;im(».\. 

and article;; exhibited were creditable to the owners. An Aj;ricultural 
Essay was read to the Societ}-. 

I hope this day's work has given an injpulse to the agricnltural interests 
of this county, which are by far its greatest interests, that will be felt for 
years to come, and that those who to day witnessed the first Hnncoinbe 
Fair may live to see many more. 

Friday, October 2/, /Sjj.—I have been attending Madison Court. I 
had a pleasant ride down the romantic French Broad River on Sunday 
evening last. The River winds its way in a northerly direction from Ashe- 
ville, through a gorge extending through a solid bed of mountains between 
sixty and seventy miles broad. On either side of the River stupendous 
mountains rise up while ten thousand massive cliffs project out towards 
the river. The whole bed of the River forms a shoal nearly the whole dis- 
tance of sixty miles. I don't know of a more romantic and interesting 
peice of road than that lying immediately on the bank of the French 
Broad for the distance of sixty miles. — I reached Jewell Hill, the place 
where the court was held, on Monday morning. The house in which the 
court was held, is a miserable one, very open, with no seats, but two or 
three very indifferetit ones, and the majority of the people that attend the 
court, are worse than the house. Men and women attend the court and 
drink and quarrel and fight and get drunk. —It is due that I say there are 
some clever genteel people in the county, but the masses are little better 
than heathens. It is much to be regretted that we have such societv in a 
country like this. It should not be and I hope the day is not far distant 
when the people will come to a proper knowledge of themselves. Little 
business was done in court, more was done however, than ought to have 
been done. To attempt to hold a court of justice in such a house as the 
one at Jewell Hill is a mere mockery of Justice. 

Tuesday, October 25, iSs^.—Ow Saturday last, there was a considerable 
collection of people in the village, attending the nmster that took place 
on that day.— I believe a pretence was made to muster, barely a pretence. 
It is a serious fact that our Malitia System is worse than none.— We have 
poor Malitia Laws and they are as poorly executed.— This ought not to be 
so. It is very important that all able to bear arms should know how to 
do so in times of emergency. Our citizens will never learn under our 
laws. 

Tuesday, November 2, iS^^.—Xw honest citizen who had a difficulty 
some time since came up to me on the street and with a greatful heart 
offered to pay me a dollar for "my very best advice," as he termed it, in 
regard to the settlement of his unpleasant family difference. — I had 
advised him to compromise with his wife and not suffer his ca.se to come 
before a court of justice. He did so, and it was with an air of gladness 
and gratitude he hailed me the settler of the unpleasant difficulty. — I couM 



not rtiiisf t.i T Ik" tii> j-..,r n ii-i\v -. Moilar, ihoiiKh. I cliil not take it ns 
a fere. Mny he ami his wife live a Iniit; ami happv life aHer this. 

lyednesday, "K Mrs. 

Stciw'H \%ork c>t \c»rk has 

l)cen puhlinhed but I Itave never read it until the last twodays. — 

!• h .^ created a ^.. .. . c in this countrj- and in HnKland, ami why this 

I am at a low to understand. — It is H-e11 roniposctl, but thousancls of 

: the 

I rue, it 

.ilnise«l. 

Thisd«x-H not affect the Institution as such. ofscoumlrels use 

the Christian Church as a cloak to cover tlu.. i^etls, but does this 

prove that the Church is an evil or corrupt * Surely not. And because 

inner it does not prove 

■II this rnniUrv is here, 

' institu- 

•iv; more 

than show the almscs of Slavery. l»efore she will succeed is accomplishing 

her wishes here. 

Slavery has certainly existe«l from the earliest times down to the pres- 
ent, an<l it won' " is, in one sense, of divine aptK)intment, 
\h'.-* ••• r\f\r fr»" ?>ijt whether there can Ik* slavery ufwu 

question ami one upon which my 
MC to the opinion that it can. — I am 
nowcxamining the subject to satisfy myself. — I am thoroughly convincecl 
that Slavery in this countr>- cannot be al»olishe«l without greatly endanger- 
ing our country, and indee^l, whether it can \ic at all. If it is an evil in the 
I would l)e a greater evil to altolish it here, and therefore, I 

• : !iy movement to do it. Those fanatics in the North, inste[a]d 

of heiptng the evil, as they tenn it. are only making it worse and the 
sooner they cease their noise the l>etter. — They can never accomplish 
their wishes, and I should greatly regret it, if they could. 

Tuesday, Xovember ^, t $$3.— • ♦ • It was my intention to attend 
the Sons of Temperance tonight, but my indisposition has prevented me 
from doing so. I <lislike exceedingly to l>e deprived the pleasure of 
attending the meetings of this noble order. Evry sober man at this day 
should lie a son of Temperance. His influence ought lo be thrown into 
the scale of reform. It will do the temperance man good as well as the 
whisky drinker, in that, that pest of society is in some degree done away 
with, in evry individual reform. No man can live for himself alone in 
this age. Evry one is affected more or less by the toper that lives in the 
town or neighborhood. How important then that sober men use all the 



•')4 AU(;rsTrs simmkki'jki.I) .Mi;i;i;iMnx. 

weight of their iiilluciioe in hchalf of the reform of tlie inebriate I He 
uot only improves society, but many times he applies healing balm to a 
breaking heart and sends clothes and bread to naked and starving children. 
It is the duty evry one owes society to do all the good he can for the 
same. Selfish indeed, is that man who mocks at degradation and secretly 
and silently prides himself upon the superiority he possess[es] over his 
fellow. Such a one, is at least, no philanthropist. Evry man should 
and is bound to do all he can, consistently with his own preservation and 
that of his family, for mankind at large, upon the principal, if no other, 
that it is laudable in the eyes of the world and therefore adds to his own 
individual happiness. I would that all men loved their fellow as they 
should. 

Thursday, November lo, /.S'jj.— The fore-part of the day I spent in 
reading Chitty's Pleadings. — Read the first chapt. and several sections in 
the 2d. — This is a great work on Parties to Actions, the different kinds of 
actions and the Pleadings in the same. — I intend giveing the work a thor- 
ough Revisal this time. It includes evry thing almost, connected with 
the practice. — This evening I have read Starkie on Evidence and Fletcher's 
Studies on Slavery. 

Sunday, November ij, /Sjj.—l have just finished a perusal of Fletcher's 
Studies on Slavery. * * It is an able work and one characterized by 
great learning. — I have seldom seen so able a work.— His style is plain 
and neat and forcible. It abounds frequently with the most cutting sar- 
casm. If we had more works like this, and these generally read it would 
be better for our country. Mr. Fletcher writes with great composure and 
does not suffer his mind to be carried off from a calm and just view of his 
subject. 

Tuesday, November /j, /.Sjj. — I rose very early this morning and rode 
into the country to my Father's. — Had a cool ride in the early part of the 
morning. — Reached there at >2 past lo o'clock. — Found my Father's family 
all well.— Our dear one was absent, — My Mother, — She is gone. Evry- 
thing seemed desolate in her absence. Ten thousand sad memories sprang 
up in my mind, as place after place familiar to me came before my view. 
All was there save one fond object. — Spent two or three hours with my 
father and his family, then turned my face towards home. — It was night 
before I reached home. About dusk the beautiful moon rose in all her 
splendor. And how fine a time I had for silent reflection, as I rode over 
the good plank Road, all around was silent save the constant clatter of my 
horses feet. I thought of the past and hoped for the future.— When I 
came in sight of the village it looked silent and the soft light of the moon 
seemed to look down on a village wtapped in slumber and I thought how 
busy are the ])eople, all still jjusliing and toiling ahead careless of the soft 
moonlight or the silent workings of nature all aroun<l them. 



l.u. 






I r. 






ttiiKUi 

il>. 1.. 


-hoi 


|{ 



-IMMKKFIKM) MKRiClMoN. .-,.-, 

'•'JJ — I hnvr M^ ii; tl.o niost of the day in 
" Thw cwniiiK I thcncwH.-Ton'iKht 

— ' ' • • • ,. 

f «li*- 

•vifh 



Th. 
trait 
I 



" k'rcnt n 
■^ con.uU m»uy author* to K^t a superficial knonlolKc of 

Thi« momini; I rratl I,aw,— Chittv'^ 



• >iice», to 

ii»i»t I got 

More. — They con- 
^ . ^^ >•• >« .. -ir to improve my utock 

■"Ol. 

S/. 

Rem! the nihle. 

• "In the character 

■ ju*;Kr. Hi» iicr>ice» were peculiar and of the 

"'■ 7"* '""' ' nol.lemen. did great -ervice for his country 

reccivctl ii.> i , .. i. . - > • _, ^' 

thi, count: • -The iHToplc of 

eutit!.'- He IS surely 

^"<l [they ?] 

f ^ - '.'J Ik." the aim 

* '^^' "* **«^ public with the true character 

of SU< . , 'J* - 

;"g of reverence for our ,iul 

a ^pir.i oi patriotic offection time and circumstances couhl i e 

r,4rsJa,y. Xoirmh^r 2,. fSjj.-l commensed the labor of U.c .lay by- 
reading an hour or two this morning. I read law-the law of evidence. 
". , ' rs-lhen fini>he.l a little history of the Battles of 

""^ '' Rev. J. T. Headly. 

His N..,„.i.c„i ami his Man.halls' is certain Iv unrivalled for the pic- 
turesque, the wild and fanciful that characterizes every page I read it 
with pleasure, because I sympathise with the unfortunate Napoleon 



56 AUGUSTUS srMMi:i;iii:i.i> mkkkimon. 

This evening I have been reading hiw and takeing notes on the same — 
Read Chitty's Pleadings. I think the practice of takeing notes I>eneficial. 

I find Scott's Novels interesting and wish I had more time, leasure 
time to devote to reading them. They are written in fine style and evry 
page has more or less of something of thought that is valuable to the man of 
general information. I have also read two chapts. in Blairs Rhetoric. I 
find this very interesting and evry one who has any fondness for literary 
improvement ought to read it. It is full of the most solid information 
and contains many valuable suggestions and directions to the student. 

Thursday, November .?/, 1853. — I comniensed the business of to day 
by reading law — read two or three hours this morning, went to the Vil- 
lage, conversed, attended to some business in my office, returned home, 
then went to church, this being thanksgiving day and heard some very 

good remarks made by the Rev. Mr. . He is not a good speaker 

but a sensible man and he preached a very patriotic sermon. He seems 
to have a heart and soul large enough to enfold our great, glorious and 
prosperous Republic. Long may our land, Columbia's soil be the land of 
freedom and may the glorious Stars &. Stripes forever float proudly at 
home and abroad! Who does not love his country, his whole country? — 
Since dinner I have Ijeen engaged in reading Chitty and takeing notes on 
the same. This evening I have continued my perusal of vStarkie on Evi- 
dence — it continues to increase in interest. 

Sunday, November 2j, 185^. — This morning I read several chapts. in 
the Bible— The History of the Life and death of Christ. This I found 
interesting. Truly he was a man, a God of sorrows, while he sojourned 
upon the earth. "He had not where to lay his head." I read several 
chapts. in the book of Job. This is poetical. The writers of the Bible 
are emphatically the most forcible and many of them the most beautiful 
in the world. If the Phrophets were not inspired, they were men of great 
learning and deep research, not in lore that existed before them, but in 
nature itself. I would I could understand the scriptures and that I were 
free from an aching doubt. Is it possible for a man to die and be saved 
after the system of Christianity, doubling ? And who can understand and 

comprehend so well as to free his mind from all doubt? "help thou 

mine unbelief." 

I have read a portion of a sermon on the Judgment by the Rev. Dr. 
Bascom. He preaches with his usual force of style on this subject, but 
seems unable to grasp the magnitude of the same. 

Tuesday, Noveuiber zg, /Sjj. — Tonight I attended the Division of the 
Sons of Temperance for the first time in some weeks or months. I was 
pleased with the meeting. This body of men has done great good towards 
stemming the dreadful current of intemperance that has inundated our 



' MMKUKIKI.U MKinUMMV 

whnfr hrip{.\ !.,i,.| • i !„., ^^,n . . . 



•••1 m-l thoiis.iinls 



loiijj fliMance 

' the 

-ral 



-ami no one 

■ K i.lilOr. 



HIS PROFESSIONAL CARKHR AND ITS 
ATTENDANT CIRCUMSTANCES. 



That self-reliance is eiii^endeied b\" the ver\' need of it 
is illustrated in the character of some of the world's great 
men who, from boyhood, had to battle for themselves 
against opposition, difficulties and dangers in myriads of 
forms. It would seem that opposition but brought to the 
front the strength of character in tlu^se determined to suc- 
ceed; that it whetted the appetite for success and gave 
courage a new impetus to overcome all obstacles. Alas! 
such is not the case always, but it .seems to have been true 
of him of whom I write. 

Having obtained county and Superior Court licen.se, my 
father was fairly launched upon the great .sea of legal prac- 
tice with youth and inexperience, but with courage and 
determination. He soon attained the reputation of being 
a good collector of claims, and from the complimentary 
passages in letters received at that time he seems early to 
have won the confidence and esteem of his clients. His 
characteristics as a collector were promptness, fidelity, good 
judgment and perseverance, and another characteristic 
which was appreciated by some of his clients was the mod- 
erateness of the fees charged them. He was uiade County 
Attornex' for Buncombe and other counties in that district, 
and his friends seemed confident as to his future success, 
desiring him to .seek a broader field of labor in a larger 
city and even to aspire to jiosition in the halls of the law- 
makers at Washington. It must have been gratif\ing to 
the young practitioner to receive such words as the follow- 
in<j from men in authoritv: 



MMKRKIKI.Ii MKIUIIMON. ~)0 

I I. .v.- .M^.ri .. •., .M f„„| you <■••• I lar^c share 

A«r«I a( \ TV ainl Irnrn- 

A 111 ihc 11 reference to 

the |Hj|iiic.s ' . .... ^.....;c<l his resolu- 

lioii.s for future UMrfulncss: 

'• Vrm hnvr *.hf tntrn*^ ntv! rvtfr-^M ?r» Vttt«?t! ttp i rhnnrtrr f-ir vmirHcIf. 

!..!. 

•If. 
■ii-i- 

i ■ ■ ' -I lf» 

Y\x\\ iH . ,„^ 

1. I 

'■' -■• ' ■ "•" "• '^S?- 



The year ' ^' '* ' ^ ••• >«"•■• - :i;j for- 
ward in his l,v his 
inteKrily, justice and patriotism; surely but steadily cliinb- 
inj^ the hei;,'hts of i>>pular esteem; not waiting; for others 
to prepare the way for him, but advancing; bravely to meet 
the ditTicult questions of the day — he sought to promote 
the welfare of his country. The war approached. Seces- 
sion sentinu !>^ emphasized, and those who saw 

in advance I... ..css of war, the useless sheddinj; of 

blood, the strife and hatred enjjendered between the sister 
States — those whose lielter judjjment recognized these 
facts, but whose " ned the warmth of South- 
ern patriotism, h. ...... l.... ves to avert the impend- 
ing danger and warned and expostulated, but to no efTect. 
They may have seen in the dim light of future years the 
effects of four years of civil strife, the Sunny South 
depressed, impoverished, dwarfed in growth and retarded 
in her efforts for advancement. But the feeling that had 



no ArcirsTis sr.M.Mi:i;i iKr.i) MKiMiiMnx. 

been orerniinatinj^- for years burst forth, and Ci\il War with 
all its blasting-, blit^htin,^- eOects, its bloodshed and havoc, 
soared like a vulture over the sister States, — satiatint^ its 
thirst in the blood of brother fighting against brother. 

In the year i860, Augustus IMerrimon was elected mem- 
ber of the House of Commons ft)r Buncombe. His politics 
were those of a strong Union Whig; and while in Raleigh 
attending the session of the Legislature he used the oppor- 
tunity of speaking to the people and of expressing his 
strong convictions with all the fervor of earnest belief con- 
cerning the then impending calamities. Before the war 
he maintained strong Union sentiments ; and with the 
earnest convictions of what he deemed best for his country, 
tending toward good government, it seems that he was 
unwilling to shirk a duty honestly plain to him. Not 
only did he desire the welfare of his countrymen, but his 
efforts liad that end in view. Looking into social condi- 
tions and the evils of government with a view to render- 
ing aid in rectifying them, he battled with the defects of 
the times and afterward reaped the reward of his people's 
trust and confidence. It mav have been bv the losric of 
sound rea.soningthat he foresaw the uselessness of secession, 
the sacrifice of noble lives, the desolated homes; however, 
his own loyal principles caused him to seek to maintain 
the rights of the Union in recalling the seceding States, 
and he vigorousl)- upheld those rights and endeavored to 
lead the people to see the vanity of attempting secession. 
But when war became inevitable, though his judgment 
had pleaded for the peace and order of a stable Union, vet 
his patriotism and love for his section drew him to the sup- 
port of his own people and State. 

Many diflficult questions were then brought before the 
people and their law-makers for discussion and settlement, 



MMKKFIKI.I) MKKKIMoN. (>I 

"' cxlcnsion, ad Z'ahmn taxation 

'T"' »"'J wl ;jr part in the discussions rcla- 

»ns ol the day, my father's friends 

>e with 

f> •> V... Such 

wo: lat confidence: 

■• Yoor friciuU ntv to much plra.«c«l wilh vour cniimc in rrKanl to th<>*e 

tlii-» 
•II." 
I in 



ll.r 



• •iifM- nirrt% ihr .ip{>r<>i> u loll of «U con«crvativc men of l»oth 
inrn mIio votol ax'in^t yu arc now among your wannest 

And st> much the more must these words have encour- 
ajjed him, as he felt the force of what a friend wrote him 
about tiiis time: 

■■ '^ i«-tion your |K>sition a» a 

rcpfVT^ 111 .11 1* t is ,1 <n,;> ii< ,iu'i rr-jH MiMiur "uv 

I^ ' ■ ' • < • wrillcn while 

in 1< , 

NoVKMHKR 17. 1S60. 
Scores of the menihem of the I.cvi!*1nturc arc now hcrp nnd the 

>niinK \ 'liat 

I am II \lint 

■ to our Fc«icral relations. • • » I confess 

... .it what seems to I>c the feelinj; in reference 

to \\ All are indivtnant at the result of the Presideutial 

electa •11. Ill' !!io-T i>i' the members of the Legislature love the Union and 
arr not now wiltini; to ywo it np, • • ♦ i shall act with yreat care 

'•>ility that rests upon me. I 

•.i.-ly, haveing in view nothing 

hut the honor, the welfare and safely of the people I have the honor to rep- 

r. -. lit .11.1 f 1... vvh..i, . ..i.iif r, vvih-h I have made up my opinion as to my 



62 AUorsTrs simmkufiki,!) mkkkimon. 

duly, then I sliall act ])roiiiptly and (.-lukavor to discharge uiv whole diitv 
and at all hazards. * * * I have heard nothing said of Internal Im- 
provements yet. As I feared would be the case, Federal politics engross 
the whole attention. This evil must he combatted as successfully as pos- 
sible. 

R.^LKIGH, N. C, February 3, 1.S61. 

My DE.\R F.^Ther:— * * * You have learned by this time that the 
Convention Bill has passed into a law. You will learn its details from the 
papers— I voted uniformly for a convention, because I thought and still 
think , the people ought to act in the present great emergency. But I w as not 
satisfied with the Bill. It limits the action of the Convention to federal 
affairs, when, in my judgment, the action of that body ought not to be lim- 
ited at all. I thought so for many reasons with which I will not now trouble 
you. It is sufficient for us to realize now that a Convention will, in all 
probability, be called by the people for a particidar purpose. And it 
becomes the great and patriotic duty oi good, conservative men to see that 
none hui good and reliable men— men of cool, .so^^i?/- judgment compose the 
Convention. Such men will certainly do enough in the Convention, and 
fire-eaters and rash disunionists ought not to be trusted at any time and 
especially at a time of great peril like the present. It is therefore, that I 
hope, the moderate men of our county will see that a good man, an //;/- 
_/7/7/r/z/;/^ man becomes a candidate «/ o;/r<' for the Convention. * * ■■' 
If the moderate men of the State control the convention, then we are 
safe in the Union if possible, out of it, if absolutely necessary and only 
in this event. * - * The prospect of a satisfactory adjustment of 
pending difficulties is gloomy enough indeed, now, but I am glad to be 
able to say to you, that the prospect within the last two or three davs is 
brighter than for some time prior to that. I look with some confidence 
to the action of the commissioners from several States which assemble at 
Washington tomorrow. I think that convention will at once agree upon 
terms of compromise and these will be acted upon by Congress and sub- 
mitted to the people. If so, then our country may yet be saved, — if not. 
then will hope be almost extinguished. * * * While I hope for the 
better, I fear the worst. * * * 

My private affairs need my attention and I am anxious indeed to be at 
home, but since I have undertaken for the i)iib]ic, I must do >nv whole 
duty. * * * 

I have endeavored to discharge my whole duty here and I have reason 
to believe that I have brought no dishonor to the name I bear. 

For years before this e.xcitin.i;- period of the vState's his- 
tory he liad been zealously working for reform, writing 



-t MMKKFIKI.I. .MKRItlMoN. jj;} 

1 he fx-oplcs rigliLs he esleeiiiecl of paraiiioiint 

' iJjc pr vocate the ideas 

• "^»'" ' • ix-ople. 

I. in w him at 

•'"e mm mm; ,f .'^rN !,rh., i.L.-„ . t.. .1 1 



Al this time, seekiiiK to a.Ivance th« r-r...,. r,.. ..r ijj^ 
Mitt tlir..ujjh the previ ami through to 

is not surprising that we fiiicl 
> .- •■'•lowing: 

f r»*'rfnif*T. I.H57.] 

''ly whole 

"f State 

lie iiicMt 

■ ' • • i* 

■•'I' \ . ..iiirol 

•ri- 
■ rcfcmicr to n proper r. 

"lit L-jhcy. 
try tnuM 

And in Januai we find his sentiments mnch the 

same as fonnerlv : 



I ni: 

iiti I I •. 

ouirhi 



the firm and unwaverinif stand you have 

vcs the 

■ 1) Caro- 

; «'i our ic«icral I nion. that she 

"t, the fjue«,tions of rcfonn that 

of onr people, are rapidly ljecomin« the paramount 

"id I .rdenlly hope they may swallow up federal 



*> I ArcrsTis SIMM i:i:iii:i.i) miikkimon. 

politics next suiiuiitr. Xolhiiin shall bt- lackiiii^ on 1113- part to efTtctuate 
this most desirable eiul. ^- * * / am for rt/onn in North Carolina. 
The peoj)le are for it and they are all powerful when they act. 

I am for the Constitution, the I'nion and the laws of the land, and while 
I have a country, I know no north, no south, no east, no west but one 
coinnion country. I love this priceless heritaj^e bought with the best blood 
of the Revolution and consecrated by God himself. 

If unfortunately the Union should be dissolved, then, of course, I shall 
be for the South alone, and as true to its interests as I now feel, to the 
interests of the American Union. I solemnly believe that ninetv nine 
one hundredths of the people in this section of the State entertain similar 
views. 

That man who advocates disunion, would sap the very foundations of 
this (Tovernment and spill the life-blood of its firmest and most patriotic 
supporters. Washington looked upon disunion as the worst of political 
evils. He well knew its tendency in any government, and especially in 
one like our own. And he admonishes us to look to union as the jjalla- 
dium of our political safety and prosperity. He learned well, the worth of 
union in the struggle for Independence. In it he hoped for success; he 
fought under its banners, victory crowned his efforts and we are this day 
the blessed enjoyers of the result of his and his brethren's toils. Union in 
effort saved us from English oppression, union has made us one of the 
most powerful nations on earth, union has caused us to prosper and enjo)' 
prosperity for three quarters of a century, and where is the man that does 
not say (nion. Union now and forever, one and inseperalile I ! 

WIk-h tlie crasli of .separation cainc, and the Sontli 
plnn<;ed into the blood\- conflict, in\- father \-ohuiteered in 
the Rouoh and Ready Gnard, a company from liis native 
mountain section, bnt he afterward accepted a captaincy in 
tlie commissary department of service as a.ssistant to Colonel 
William Johnston, and served at Fort Macon, Ocracoke, Wel- 
don and elsewhere. IJeinj^ appointed Solicitor for the Western 
District by Jnd^e French, he accepted the position, and it 
is said that he rendered valuable aid in qnellinn disorder 
and ci\'il strife in that section of the State and in insnrin:^ 
respect for civil measnres. He was elected to the- same 
(jfTice, which he held until his election by the Leoislatiire 
to be Jiido^e of the Superior Court of the Eii^hth Judicial 
District in the year 1S65. 



KLI> MKKKIMOX. »{.') 

-. .. iiiM .n. count of such scent's 

•1 tbnt ttiij^'hly civil slruj,'j^Ic; 

^''^ irctJ by mortal art 

! accurate accounts 

• • Tuis of victory 

ts such words 

l»ui vjivc the shadow oi reality that lies iK-hind the causes 

<rn a nation's welfare. The result of 

civil strife may be foun«! ■ ' 'Mv 

eii-ravcd upon the hearts and homes made ck . a 

void that even now is felt. 

^'•^■'^^ . . ^.,j^j endured that war than 

^""-''* ' " 'he cannon's mouth. The 

:ern women, who also had 
|>iivauun> to .share, in anxiety and lonelines.s, their little 

"e, a double care and 

vvn and un.r • ' •• ' d. 

•At home the dan^-ers were sometimes jjreat. k nd 

maratulers were not unknown visitors in various localities 
*^"*' ' ■ ' ' ' ' to the autocratic rule 

"' ^'' r, , 'J'-'* and parties. The 

idea that all's fair in war .seemed to hold sway in such dis- 
and it required courajje, dauntless resolution and 
' •' "^''■^■^ '«' ''••» who would withstand the opposiuj^ cur- 
rent of popular feelin;». 

•■^^ ■■ '» s»ch turbulent localities it is said that 

my taihd .-, life was often imperiled in his efforts to vindi- 
cate civil authority; but the principle apparent in his char- 
acter in later years seems to have urged him to the per- 
formance of what he l^elieved to be right and his duty, cost 
what it might of personal danger. 

.\n incident that occnred during the period of his Solici- 
torship is told of him that shows his fcarUssn.-.< of conse- 



n(] Ar<;rsTi"s srN[Mi;i;iii:i,i) Mi:in;iM<»N. 

queticcs when he knew his actions to be ri^ht. The inhab- 
itants of Madison connty, men of strong Union sentiments, 
had made an incursion on Marshall, the county-seat, whose 
people, it seems, held opposing views and were warm 
secessionists. Plundering and depredation were the result 
of the lawless attempt. A large number of armed men 
from Buncombe, angered at this manifestation of lawless- 
ness, set out to inflict punishment upon the offenders. In 
the face of opposition, and the dangerous whispers of some 
that he was tr\'ing to screen Union friends, the \oung 
Solicitor dared not sanction the violation of justice and 
insisted that civil power remain inviolable so that civil 
measures might be taken to punish the offenders and not 
the means that unjust and unreasonable anger dictated. 

Such letters as the following show the extent of lawless- 
ness that then prevailed in some districts of the State and 
the corresponding amount of courage required in him who 
would rashly seek to subdue it : 

"Ci.AVTONvn.i.H, X. C, May lo, 1865. 
"A. S. Merrimon, Esq., 

'"Mv OKAR Sir: — We have a coininittce of five apjioiiited hy a jjuhlio 
meeting held at Brevard to ask the United States military authorities at 
.\sheville for some sort of protection. We expect to he at .-Isheville bv 
10 or 12 o'clock on Friday (to-morrow) and want a conference with you 
and the head ofiScers of the command together immediately on our arrival. 

"The cruelty of many of the rol)beries are perhaps unheard of in civil- 
ized life, such as roasting men in the fire to extract from them hidden 

treasures. * * * They roasted J O 's gold out of him. They 

built the fire to roast night before last after all other means had 

failed, but was prevailed on to defer it until Friday night by his sick 
daughter, Caroline, who promised them to dispcse of a fifteen hundred 
dollar note for gold and let them have what she could sell the note for in 
gold. There is not a day or night but more or less robberies are com- 
mitted. !^Iany of the best farms are stripped of almost everything and 
not a horse left to plow. says if there is a knife, fork, spoon, table- 
cloth, plate, pillow-slip or sheet or blanket left on his place he does not 
know it, cxcc])t what was over and under his sick daughter, and scores of 



MMKKFIKI.O MKKKIMiiN. li? 

• — ■"■ - ■' ■•• I 'hrir |>crson<( <t|i.-inicrully 
llic rol>l>cric» wrc com- 
print 

^ 4iiy 

'.tc% ai<l u»> If not. will they allow 
I. S. G." 



'"''■■' ! ihc Soulh 

I-osl Cause 

! Willi ihc lives of those who loved it, then were 

llu ip of bitterness to be drained and the 

II- and contention to be rca|x-d by all the 



! IK 



It was a time of disorder and confnsion. Says one, 
writing; to uiy father about this time: 



Mil wc arc here on a %'ol- 

'• ■ itc of the 

iiric«l." 



And another: 



•Corruption »lalk» altroad rverj where; violence uMirpA the place of 
law " 

Just after the war, when President Johnson ordered an 
'' " ■ ' " ' ^ ■ '' :ition to be held in 

' . candidate, but was 

defeated by Rev. Dr. Stewart. In December, 1865, the 
Legislature elected him Judge of the Eighth Judicial Dis- 
trict, and he was qualified in January following. 

The duties of such positions were by no means light at 
that time and the same difficulties that had met him as 
Solicitor now lay in his way to the performance of the 
trust his people had confided to him. However, he was not 
deterred from the prosecution of that which was for the 



ox .vrciCSTis scMM i:i;i'ii:i.i) mi:i;i;im()\. 

good of tlie j)cople and the vState; wliicli fact was sliown h\- 
his vioihincc and faithfnlness in caiTNing out the law to 
tlie letter and by his .summary manner of dealing with 
those who willfully defied authority, even though the swav 
of civil power and peace was gained with the cost of 
friendly feeling towards himself. Such a course was fol- 
lowed in the counties of Clay, Cherokee and others where 
hostilities were imminent among communities and even 
among neighbors, and where the reign of law had to be 
re-established upon firm and unconij)romising terms. 

Reconstruction stalked abroad with all her ignominy to 
the Southern people, and not only b\- the masses were her 
measures severely felt, but by those in authority and there- 
fore more exposed to the jolt of collision between civil and 
martial power. While holding court for a certain district 
Judge Merrimon received orders to suspend proceedings 
against certain parties from General Sickles. But in this 
instance there w^as no collision of authority, as the case 
was continued on affidavit. The like orders were received 
at still another sitting of the court, and, recognizing his 
inability to cope with military power, my father resigned 
the Judgeship, feeling that only by .so doing could he 
remain true to his oath of allegiance to Constitution and 
State. He gives the reasons that influenced him in his 
resignation in a letter addressed to Major-General D. E. 
Sickles, which was found among his old papers: 

My settled convictions of dnty, j^rowiug out of my ohlitjations as a 
Judj^c of the State under the Constitution and laws of the State an<l of the 
United States, will not allow nie to recognize or obey any military onler 
whatsoever that may come li> me while exercisinj^ my ofticc in court or at 
chambers. 

I have accepted a hij^h and imiinrtaiit olTicc under tlie State (iovern- 
ment put in operation by it and have taken the oath-i of office indicated 
above. I as Judge cannot deny the validity of the State Government, and 



MMKRKfFr!* MF!Jlt!M«»V ({;> 

(in l.lWs 

r The 

•IIH, 

-up. 
■ II cvmU, in lime to relieve my pre«enl emlwirra^^rtl ••iiua- 

I thrrrffire <lrrm it due to rou mid mv«eir to »tate now in the frankrHt 



in<l 

.11.1 



■ii'i. iii>r 
il. iiml I 



inc 

-1. I 

tile one 111 \.n\ 

.1% you niiiN "lirr. t with- 

raptinUH 

•II |K>licy 

I. no f«r from thi*. I am anxinut atiove all tliingA 

' - '• ' .. ,„ ,,f the I'nion. I niii 

nth ran have no tolcra- 
!.;> >l<^::i. ill ^fusjitriU 111 aiiv rtsfjvtl utilil lh'.--» i!» «lone. 

H.iviu}^ sent his resij»iiation to Governor Worth, JiicIkc 
Merrinu»ii ^ •■'"■'•'! to withhold it until after he .should 
preside at ti. .l; term of Chowan County Court, at 

which term the famous Johnson will case was to be decided. 
It has l)een said that this case was [xrrhaps the most impor- 
tant civil case ever tried in North Carolina, and one which 
involved the validity of bequests of the largest amounts 
ever contested in this State, and also that on both sides there 
was drawn toj^ether the most brilliant array of legal talent 
that ever pleaded in one cause in the annals of our Supe- 
rior Court judicature. The trial of this case lasted four 



''* AUGUSTUS sc.M.Mi:i;iii:i.i. MKKIJIMoN. 

weeks, and (luriuL; lliis liine inaii\- iini)()rlanl points were 
bronglit np for the decision of the Conrt. It must have 
been gratifyino to the Judge who presided on that occasion 
to know that upon no point was he overruled by the higher 
Conrt, but instead, his well-defined grasj) of the nianv 
points at issue, his wise rulings for the adn)inistration of 
sound justice, were approved and conipliniented. His 
characteristics as a Jndge at this time may be shown bv 
such words as the following voluntary expressions of his 
friends: 

"To l)e enj,'ai;e(l in the trial of one cause for four weeks, and in tlie 
almost infinite number of points raised during that long period not to 
make a single mistake, is remarkable and is entitled to laudatory com- 
ment." 

" It gives me great pleasure to say to you that the brethren everywhere, 
and they are in the main the best judges, concur in expressing the highest 
approbation of your official qualifications."— A*. B. Gilliam. 

"I am more than pleased with your system and industry in dispatching 
cases, and not less with your humane and considerate and wise manner of 
distributing justice to the freedmen, so different from some wlio love to 
gratify an insane hatred to the poor blacks because they are free, bv 
lashes— lashes— lashes."— /?. F. Moore. 

"It may gratify you. Judge, to know that the single term wliicli you held 
here had a happy and manifest influence in elevating the judicial charac- 
ter and in inspiring respect for courts and a desire to see their dignity pre- 
served. I think it cause for public regret that you find it necessary to 
resign your place as Judge. I am afraid that we are breaking all the 
fastenings that bind us to civil and constitutional liberty and that we 
shall soon be without law, powerless— helpless— on the broad sea of 
anarchy."— ybj^/*///. Davis {1S67). 

On the acceptance of his resignation b\- the (Governor, 
Angnstus Merrimon resumed the practice of the law and 
removed to Raleigh, where he entered into a i)artnershi|) 
with Hon. Samuel V. Phillips, afterwards United States 
vSolicitor-Cieneral, under the firm name of Phillips ^ 
Merrimon. Here he obtained a successful and lucrative 



Al «.i MMKRKIEI.n MKRUIMOX. 71 

«mi\ n-^idiiits of liis 
, hul also various firms 
in the 1 :es, Xcw York, Philadelphia, Halliinore, 

Charleston aiul others. Besides his rejjular lej^al pursuits, 
a fertile field for practice then Ixinj * ' in the Federal 
C<Mirts, he l<H»k j^reat interest in tli< which vitally 

K'.nerned the |K-ople, and in the restoration of a sound 
and siahle jjovernnjent. As a nienilxr of the Democratic 
party he was for a time Ciiairman n( its Kxeciitive Com- 
Tni'tf-e, and hy that committee was nominated in 1S6.S for 
Mior. He declined the nomination. A fterwards he was 
hiitninated for " Justice of the Supreme Court. 

The decision wa-. y. '• ' * ' ' • the halancc of 

|M>wer that lay in the if Democracy. 

For a time one of the Directors of the Western North 

■jna Railroad Company at an im|>ortant jK-riod of its 

..i>:"iy, he interested himself in the welfare and material 

prosjx'rity of his State; he thouj^ht for the betterment of 

her condition as well as for his own achievement. 

Who may sa> how little all human achievement ai)peared 
to him then, when, in the presence of the death of two of 
his little darlinj^s, his heart was bowed beneath the weij^ht 
of afHiction and sorrow C»od had seen fit to send upon liim 
— sent in the infinite purpose of Him who knows the 
earthly clin^^injj of the heart to earthly idols, and with 
Divine love Ixdiind the dis|x?nsation. 

The golden locket with their pictured forms was a 
sacred memento which he kept and treasured through the 
remainder of his life. 

His was no heart of adamant, but he possessed a great 
and noble spirit, zealous in the cause of the right and of jus- 
tice, but easily touched by the sufTcrings of others, by the 
j)afh<fir .111(1 the i.iti.iMf That lu- ix.ssr^^t-d tlie beautiful 



72 Aiiiisii s srMMi:i;iii:i.ii Mi:i;i;iM(tN. 

trait ol' s\iii])alliy for tlu- dislrcsscd, k-t the words of a 
j^ratcful friend tcstif\ , who says: 

"I feel now my inability to pay either in words or any other way a frac- 
tional part of the debt of j^ratilnde tliat I owe yon, bnt I hope it may not 
always be so; and when I think that what you have done was done when 
you could see no hope of reward in this world, it only makes me feel llie 
more so; rest assured, my dear sir, that I will always be as ready to help 
you in any hour of trial as you have been to helj> me in this my darkest 
day in life." 

In iSjo ni\- father zealously fouo^ht the evils incident to 
the "Kirk War," and of his conduct at that time his 
friend, Mr. Arniistead Jones, has .said: 

"Ilis voice was constantly raised in defense of civil liberty, and energies 
directed towards check inj^ the usurpations of the political party then in con- 
trol of the State and Federal tiovernmenls, when it became a part of the 
policy of that party to foist upon the South the reconstruction amendment 
to the Constitution, which placed under disability many of the best class, 
and extended to the ifjnoranl and incapable the power of control, and when, 
in order to successfully execute tliat policy, the writ of habeas corpus was 
suspended and martial law declared in certain counties of the Slate, and 
men were arrested and imprisoned by a quasi nuWiAvy authoritv, one of 
ihe first to come to the rescue was Judj^e Merrimon. His talents were 
devoted towards sustaining the law of his fathers and upholding the prin- 
ciples of civil liberty that were so near to his heart. He was one of the 
first to apply for writs of habeas corpus and to apjieal to the judiciary, 
and finally he was largely instrumental in ])rocuring the release of the 
persecuted by order of Judge Hrooks." 

His earnest efforts in behalf of tiie prisoners illeo;ally held 
by Kirk won a well-deserved recompense in their j^ratitnde 
and affection. Following; the e.xcitiiii^ e\enls of tliis j)eriod 
came tlie imjjeachment of Governor Holden, in which canse 
Jnd^e Merrimon was associated with Hon. Thomas Brao;o^ 
and Hon. \V. .\. (iraham as conn.sel for the pro.secution. A 
friend, in sj)eakino^ of the jxirt a.ssigned my lather in that 
trial, has said: 



\ MMMKKIIKt.I* MKKUIMnN. (.5 

"To him rt.i- ni'i'ii ihe duty of exaniininj^ the witnesses, nn<l his 
exatnination was perfect. It was as fine an exhihition as has ever lieen 
'net of a 1< . From that time Judj^e Merrimon's 

; on the u. :ul en«lurin>; foiunlation." 

In 1H71, witli ex-(iovernor Hragjj, D. M. Marringcr and 
< r. H. Alford, he was a candidate from Wake county for 
dtlf^^ate to a State Convention to Iw.* called by a majority 
of the votes of the people, and to be held in Raleij^h. He 
was defeated and the Convention was not held. In 1S72 
he was nominated by the DenuKratic party for (iovcrnor 
and, it is said, made a stronj^ and able canva.ss of the State. 
Hut ay^ain defeat was to l)c met, and Covernor Caldwell 
took his seat by virtue of a small majority. The idea 
of contesting the election was advanced, because it was the 
opinion of some of Judge Merrimon's friends that he had 
been rightfully elected. Hut having faithfully endeavored 
to perform the duly incumbent upon him as his party's 
nominee, he acquiesced in defeat that brought with it no 
dishonor. To quote the opinion of the press: 

"It is not too much to say that, thou>;h over|)owere<l in that canipai^^n 
hy the force of I'cileral supervisors at every pollinjij-place. Judge Mer- 
rimon, by his magnificent canvass, by his able and <lignifie<l discussion 
of the issues then paramount in a gubernatorial campaign, strengthened 
the Democratic party for two coming struggles in 1S74 and 1876, and 
preparetl it for the great victory which, with Vance leading, made North 
Carolina the first State in the column of the Solid South after recon- 
struction." 

"His speeches were indeetl masterly. He often spoke for hours, and 
all know the vehemence of his declamation, the earnestness and force 
which characterized his forensic efforts. Only a frame of his great phys- 
ical power could have enduretl the strain. It was a wonderful demonstra- 
tion of his mental capacity and physical endurance." 

Though nominal defeat crowned this, one of the greatest 
efforts of his life, yet it was not wholly defeat; doubtless 
he endeared himself in that memorable campaign to the 

10 



74 .vrtirsTi - >i mmi:i;i ii:i.ii Mi;i;i;i\inN. 

hearts of many by his jxitriolic enthusiasm, his stirrini; 
words of unmistakable meaning; with reference to the j)rin- 
ciplcs of Democracy, and beNond thc-sc — (hities of citi/.en- 
sliip to a common count rw 

In December, 1S72, at the assembling; of the Lej^islatnre, 
his name was brought forward for the United States Sena- 
torship. The name of Hon. Z. I'. \'ance was also |»re- 
sented. To quote the press again: 

"There was a long contest over tlie Senatorsliip, which at lenj^th was 
brought to a close by the withdrawal of both Vance and Merrinjon. vSub- 
seqnently the Democratic caucus again nominated Vance, and almost 
immeiliately the Houses met in joint session to take a vote. The Repuli- 
licans, hoping to disorganize the Democrats, voted for Merrinion, and some 
Democrats who had remained out of the caucus voted with them, and two 
or three, perhaps, who had participated in the caucus again voted for 
Merrimon, and elected him. All of this was without his knowledge. The 
news was comnmnicated to Judge Merrimon while engaged in the Fed- 
eral Court. On consideration he did not decline the election. He 
thanked the men personally who voteil for him; l)ut he did not allow the 
manner of his election to swerve him from his adherence to the partv." 

" He would not accept the place until he had called together Governor 
Graham and other discreet, wise and highly honorable gentlemen to con- 
sider whether under the circumstances he could with proper .self-respect 
accept the place. They unanimously decided that he could do so." 

That comment, even severe criticism, .should be made 
upon his accepting the election goes without .saying. But, 
heeding not the fal.se accu.sations leveled against his integ- 
rity as a politician, he pursued the course he believed to 
be right and honorable. That this was true a friend testi- 
fies, who wrote the.sc words: 

"I think you to be one of the few who does take a part in politics and 
is honest." 

And 

"If ' I'eace on earth, goo<l-will to men.' is yojir i)latform (and I believe 
it isi I ajji with you most cordially." 



ArorSTl'S SrMMKUFIP:LI» MKIUilMoN. <•) 

"I Ihonyhl that at a time when censures were lK;iu>» heaped upon you 
h\ many of those who were recently loud in your praise it nii>;ht be 
pleasant to vou to know that that class of your friends who have hut little 
to do with politics, and no personal ends to serve hy party issues, have 
still unabated confidence in you, and rejoice that one of the best types of 
moral character uncs to the highest place within the j^ift of the people of 
the State." — A**-?- .Vr. Reid. 

I'or Ijiinsclf, he could say: 

I feel invincible streUKth in the rectitude of my intentions and acts. 

And of his fnttirc actions: 

A^ .1 Senator, by the ble»sin){ of I'roviflencc, it is my unalterable pur- 
lo my utmost to benefit and bless the whole people, and especially 
my ;;inuediate constituents of all classes, conditions and colors. I shall 
insist upon ri^ht for all, I will not willingly tolerate wronji; or oppression 
to any. I am anxious to see the I'nion rest firmly ancl forever ujkju the 
Constitution — to see it completely and cordially restore*! in the hearts of 
the people, ami its j»overnment so administered as to make it indec<l, their 
paramount political j;oo<l. I wish to sec its Kovernment just, great and 
glorious, exercising its mighty powers for its own protection, as well as 
for the maintenaure ami protection of all the rights and jmwers of the 
Stales comf>o>iug it, within their respective spheres as governujejits. 

I am essentially Conservative in my opinions and comluct, and as in the 
past so in the future, I shall lie a Conservative, having for my political 
guidance no other political chart than the Constitution of my country. 
I will never cease to a«lvocate and uphold those great principles of free 
government and civil liljerty I had the honor to proclaim during the late 
political campaign in this State. 

Haviiiv^ taken his seat in Conj^ress, he applied himself to 
unravel the difficult problems and intricate questions of 
material importance to the country at large which then lay 
before the law-makers for solution. He amassed information 
concerning the important subjects pending discussion at that 
time in Congress, and worked aggressively for the mainte- 
nance of his State's right and honor among her sisters. And 
so six years were passed, wherein the days, even night hours, 
were iriven to the earnest stud\- of a nation's welfare and 



76 AUGUSTUS srM.Mi:i;iii:i.i» mi:i:i;imon. 

interests. His sjk'CcIk-s {IclivLixd in that au*;iist Ixnly arc 
fitliu}; representatives and ineinorials of his efTorts; such 
were the followiu};: ( )n the Financial Condition of tlie 
Country; on the Subversion of Civil Liberty in Louis- 
iana; on the Civil Ri^^lits Bill; on Militar\- Usurpation in 
South Carolina; on the Silver Bill; on the Exercise of 
Elective Franchise; on the Japan Refundin<^ Bill; on the 
Thurnian Bill in respect to the Pacific Railroad Companies, 
and others, includiui; a bill for the expansion of the cur- 
rencv to the extent of $50,000,000 in an increased issue 
of greenbacks. The bill was pa.ssed by Congress, but was 
vetoed by President Grant. Of his speech on the Loui.s- 
iana question a friend wrote: 

"IVrmit nie to couniicnd that feature in your speecli wliich calls back 
those of our Northern Senators who seem to forget their obligations to 
their country. Glorious clays returning when a rebel Senator from North 
Carolina rebukes with all the earnestness of his nature Northern Senators 
in Congress for infidelity, to the Constitution and sustains himself so 
well."—;!/. H. Justice. 

" .\llow me to say that I feel grateful to you for recalling to the Senate's 
attention the great fundamental principles of liberty, from which there 
was a gross departure in the mode of our reconstruction. .Andrew John- 
son's fame will eventually rest on his vetoes, which exposed the 
departures." — /A /'". Moore. 

And no doulH there was additional encouragement 
afforded him in these criticisms in regard l(» uthcr v^ena- 
torial arguments : 

"I admire vour speech for its genuine tone of Southern .sentiment, cast- 
ing l)chind the past and invoking the honest jmlgmeut of the North in 
behalf of the South. I think you have effected much to restore good 
relations between the sections." 

"The great masses approve your support of Hayes and your efforts to 
destroy sectionalism and animosities." 

Besides takin:^ part in Congressional debate — one of his 
efforts, it is said, occupying an entire niv^ht — he served 



\i I.I -II - ~i MMKKI'IKI.H MKIUUMON". < ( 

usefully upou the cuniuiiltccs ou liic post-office, ou post 
roads, ou privilcj^es aud clectious, on claims, ou rules, ou 
the District of Columbia, and was a member of the com- 
mittee to investigate the difficulties concerning tiie Presi- 
dential election affiiirs in South Carolina, in the interest of 
which he visited that State. In the examination of evi- 
dence in tliis, as in other Senatorial investigations, his 
knowledge of law must have been of great usefulness to 
him; that he made use of it is shown by tlie declaration of 
Hon. Oliver 1*. Morton, who, it is said, publicly declared 
him to be "the ablest lawyer on the floor of Congress." 

At the close of his term of .service friends warmly 
expressed the desire that he should be returned. Their 
apj)roval of his course as a Senator is evidenced by many 
letters received by him at the time: 

"You have \k'VU a fuithful and valuable reprcMriitalive of your State 
an«l of tlic South during your wliole term of service. I h.ive hail occasion 
to ol>serve your hi)ih integrity and <lcvotion to principle, aud to a<lniire 
it." 

"How you can fnid liuie. whether as an eminent statesman in your 
seat in the United Stales Senate deeply eufjrossed in Ihouxhts and meas- 
ures to promote the l)esl goo<l of the country and of your State and the 
South, or whether at home thinking; and working for the best good of 
North Carolina in all her sections and relations, to stop occasionally for a 
few minutes to read humble productions like mine and to say a kind 
word to me and others, passes my understanding. But you do it, you 
answer everylxxly's letters, you are always ready to serve a true North 
Carolinian, you are always at your post, always thinking aud acting for 
the people of North Carolina, with a heart that beats true and steadfast 
for the country at large."— N. 5". Salchxvell. 

"Senator Merrimon has already attained a national reputation— a 
world-wiile fame as one of our greatest statesmen; therefore let us use 
wis<lom, not prejudice, in the matter and retain him m the Senate so long 
as he continues the able and assiduous statesman and patriot he now is." 

However, he was not returned to the Senate at the 
expiration of his term of office. The respect and admira- 
tion of his friends were a merited recompense for his labors. 



78 Ai'(irsTrs srM.Mi:i;iii:i.i) Mi:i:i;iMnN. 

"Vuu have inaiiy warm friciuls in tliis ^>c•cti(>ll of the Stale, friL-iuls xslio 
have watched you for years, and who not only rejoice that your ])nhlic 
record is without a blot, hut that there is not even an act over whicli they 
feel called upon to cast the mantle of charity." 

"Althouj^h it is my lot to difTer from yourself in my political tenets, I 
cannot hut express my admiration for your majjnanimous course in the 
race for Senatorial honors, and must say that your many friends in North 
Carolina think that even in defeat you were victorious." 

At the eml of hi.s Senatorial .ser\icc his own words tes- 
tily that he had followed the course he had prescribed for 
himself at its be_oinnin<;: 

I have endeavored to serve my State and people and the whole country 
faithfully. * * * j think I can truthfully say, that I have not neg- 
lected the business interests of any one, rich or poor, white or black, and 
without regard to party affiliations, when the same have been brought 
Id my attention and I might be properly charged with them. And while 
I have paid due regard to the highest interests of the country and par- 
ticularly those of the people whose immediate servant I am, I have 
been ever faithful to the democratic party. 

I can't conjecture what the future has in store for me; but under all 
circumstances I intend to do what I conceive to be right and leave no 
stain on my name when I shall be calleil to my final account. It is my 
purpose to go at once into the active and zealous ])ractice of my profession. 

While rej)resentin_<4 his State in the councils of the nation 
at Washington, his law office at Raleigh was kept open by 
two of his friends, with wliom a coiJartnershiji had been 
formed — Hon. T. C. Fuller, now Jndge of one of the 
Federal Courts, and Hon. S. A. Ashe, nnder the firm name 
of Merrinion, F'nller 6s: AsIk-. Reluming from Washing- 
ton, my father entered upon a lucrative juactice of the law. 
On the withdrawal of Mr. Ashe to jMirsne journalism the 
firm became Merrimon 6c F'nller. In the practice of law, 
which he finally pursued alone, he continued to labor, gain- 
ing from it, i>erliaps, a better income than that which 
awaited him upon tlie bench. In the year i'"^S3 he was 
app(jinted 1)\- (lONernor Jarvis to the .scat upon the vSupreme 



I l*S srMMKRKfKI r» MKKIUM«»V. , '.» 

C«Mirl Ix-ncli made vacaiu L'\ liic ieM;;nauon of Ju(l)^e 
Thomas Ruffin, Jr. Tliis appointment was twice confirmed 
by the votes of the people at the polls. 

On the death of Chief Jnstice Smith, in November, 
1SS9, Jnd^e Merrimon sncceeded him as the chief jndicial 
officer of the .Stale. The i)eople a^ain showed their confi- 
dence in his fitness for the position by K'^'"J^ him, it is 
said, abont 40,000 majority at the election followinj.,' the 
appointment which had been made by (Governor I), (i. 
Fowle. 

As occnpyinjij this honorable position it .seems that he 
acquitted himself, as in the discharjje of former dnty con- 
ferred npon hijn by the jK'ople, with inflexible purpose for 
the triumph of ri};ht ajjainst wronjij, jnstice over oppression, 
and the maintenance of the law's demands inviolable. As 
a Jiidj^je it was .said of him: 

"Wliilc upon the Supriiiu- Court IkmuIi much of his attc-ntiou was 
nivcii to sctlliux the practice un«ler the Cmle, uml he was sj>ecially fitted 
for this work. He cleared away the uncertuitity that envelopetl puiiits of 
practice, construing the statutes in a plain and concise way, so as to have 
it express its true nieanin>;. His opinions, >>eKinnin}{ with the Kgth vol- 
ume of our Rc|)orls and cxtendin}^ throuj^h the uxjlh volujne, abound 
with such force and learninj^ as will ever mark him one of the greatest 
and purest Judj^es of mo<lern limes. He was broad, and at the same time 
possessetl a power of concentration that enabled him to discern the true 
principle and deal with it at ease. He was a l)old, just Judge, fearless of 
consequences when he l)elieve«l he was right. He at no time stooped to 
popular prejudice or opinion, and sustained through life a spotless name. 
While upon the bench he scorne<l the idea of lH;ing influenced by outside 
popular feeling, and had the courage and mauhoo<I to give his opinion of 
the law as he in conscience understood it. 

"What was more natural than that this man whose life-work had been 
spent in following precedents, in establishing highways through the intri- 
cacies of legal questions, in the support and maintenance of those princi- 
ples of human conduct that the experience of the best and wisest of men 
has determined to be most durable and most worthy, and who illustrated 
by his own ways that the most exalted plane of highest virtue was his con- 



80 Ar<;rsTrs srMMi:i;iii:i.i) .mi:i;i:im<'N. 

slant aim, shoiiM l>f foiiiKl at tht- last with his t-yt-s fixtd u]><'ii Him wlio 
is the fomitain and sourrc of all law, of all thiiiK^ whirh arc for the hcst 
of uiaiikiml? 

"Yes, the closing scenes of his life gave evidence trunipct-tongned 
that he who loved truth in law here shall stand forever blessed in the 
presence of Him who is the great lawgiver and maker. 

"His hclicf and his mode of living here were in the eternal fatherhood 
of God and the boundless brotherhood of man. In the world above, where 
the reign of law is supreme and without infringement, shall this just man 
live forever."* 



*From the speech made by Mr. Annistead Jones at the presentation of JudRc- Merri- 
mon's portrait to the Supreme Court, on Tuesday, March 27, 1S94. 




Till-: lUvM'TV < >1- HIS LI1-1-: AND CI lARACTICR. 



Without donht the strong; jHiints in the cliaracler of him 
of whom these pages have soujjht to tell were broiij^ht out 
pronuneully iii his life-work, iu his whole career at the 
bar, iu the Senate and on the bench. To enlarge upon 
them in descrij)lion is, perhaps, unnecessary, and yet there 
are in human character many minor jx-culiarities, shades 
of tem|Hramtnt and disjHisition which the world knows not 
of, but which make up the complete ujan, and, blended 
with the more marked characteristics, constitute for each 
one an individuality. To descrilx- the delicate fabric of 
character with accuracy, and to give to others one's own 
view of it, and the significance of every detail of its com- 
position, is not an easy ta.sk. By its fruits the tree is to be 
judged, and in a man's life-work are most clearly seen the 
thoughts and inltuts of his heart. 

Froiu the cordial expressions of his friends, with refer- 
ence to mv father's character, the emphasis of their admira- 
tion -seems laid upon his integrity, his uncompromising 
uprightness, as upon the strong foundation on which the 
sterling qualities of his character were built. That such 
were indeed component parts of it is shown in instances 
during his early life when he sought to maintain the broad 
principles of right and justice in opposition to party preju- 
dice, and, in the words of a friend of his boyhood days, did 
not allow himself to be swayed from the right b\- e\er\- 
breath of popular opinion. He was glad to believe that 
from youth his attainments were, humanly .speaking, the 
result of his own earnest endeavor and individual effort. 
II 



82 An.rsirs srMMi:i:ii i:i.i> \i i:i;i;i\ntN. 

His ctlucatioii — not the coiiipk-tu colkjL^iale course of tlie 
bc)\s of lo-(1a\-, but more nuliinentar\-, with more of out- 
side toil for hiui who would succed, his uuiuual labor on 
the farm, his first toilsome years of practice at the bar, 
with the succeedinjj^ difficulties occasioned by the Civil 
War — all these were steppinj^-stones for him, laboriously 
ascended in face of disadvanta_Lje and to be made conducive 
to still further advancement. God gave him natural ability ; 
he, for his part, did not fail to improve the talent given 
him. If "the esteem of our contem|)oraries is the highest 
reward of the citizen," surely that reward was his ot whom 
these words were written: 

"An iiicorriiptihle man. Threats could not intimidate him, money nor 
the trappings of office could not bribe him. Honesty was written in his 
very countenance; bad men feared him, and good men looked up to him 
as the bold and eloquent defen<ler of their rights an<l the rights of the 
people." 

It has been said that "There are four qualifications for 
a Judge: Inflexible integrity, intellectual ability, learning 
in the law, and the judicial temperament. If to these are 
added long experience and a just sense of the dignity of 
the bench, the result is a magistrate /r/v.v atijuc rohindicsy 

Whether Judge Mcrrimon possessed these characteristics 
or not it is for the world to determine, but with an innate 
sense of justice he combined the (iualil\ of mercy, a trait 
that should eunobk- and biautify the character of every 
Judge, making him no mere mechanical adjudicator for the 
people, meting out a certain portion of pejialty to every 
offender, but whatever the rulings miL;hl be behind them 
lav the heart's warm symi>alhy for the weak and the 
oppres.sed. The administration of justice in such a man- 
ner betokens that spirit which is destined to triunijih finally 
over the crime of our land, to supersede our work-houses 



\V(i\ - IMKKI IKI.h MKKKINInN. 83 

iiMi j.i ii;u iiiiii 11 > .111(1 to circumvent and conc|ucr the pur- 
poses of lawlessness by its own pure weapon — the sword 
of the Spirit. 

This trait of my father's character — sympathy for the 
p(K)r and wretched — is manifested in readinj^j the words of 
a jjratefnl friend who tells of "a circumstance that will 
never Ix* efTaced from my memory — you rose from a Ixd 
of sickness in very cold weather, had me released as a cap- 
tive to return to a family in distress." 

With this kindness of heart and warm, sympathetic nature 
there wa.s combined a slronj; devotion to justice and rej^ard 
for the rijjhts of others. These he resjx-cted and disliked 
to see them infriu;;ed upon. He was courteous and polite 
to hijjh and low, t<» each race, without distinction. It was 
often that one mi>;ht hear him say to a .servant, "Well 

, have y<»u said your prayers to-day?" and aj^ain, 

talkinj^ to those whose life was passing in caste and scale 
much lower than his own of relijjion and that which makes 
each human .soul alike in God's sijjht — a common bunkii 
of sin. In his mcxle of livinj^, as in his charity, he was 
unostentatious, and back of the mere alms-j^ivintj lay the 
fellow- feel in j^ for the j^ood of him to whom the charity was 
offered. In the affairs of daily life he was punctual and 
methodical. He himself said: "My rule is promptitude 
in all thinjijs," and durinj^ his entire term of .service on 
the Supreme Court Ix-nch (up to the time of his last ill- 
ness) he never missed a moment of being punctuall\ at 
his place on the openintj; of court. Indeed, from early 
manhood, duty had led him on to fulfill the requirements 
of his profession, and he realized that "the practical law- 
yer's life is not one of ea.se and lu.\ury, and especially in 
that section of the country." With good grace could 
he give to another the advice bv which he himself 



84 AUGUSTUS srMMi:i;Kii:i.i» mkiiiiimon. 

had profited: " DetciiniiR' to ox't-rcoine cvcr\' obstacle, 
however imposinj^ in its character or diineiisions." 
With respect to his own metliod of dealinj^ with his 
fellow-nien lie said: "It is a rule of my life to deal 
fairly with all men and to never exact more than a fair 
compensation for services. Indeed, I do not always exact 
this." He loved his profession and was a stndent in its 
realms. In snmmer, when the session of active dnty was 
over, and the mental toil and earnest application in the 
work of the Court seemed to have wearied him, he would still 
read his law-books, review cases, write opinions, and in this 
wav continue his w^ork, while in truth his health required 
absolute mental and physical rest. Especially during 
the latter part of his life did he seem wedded t(j the books of 
his profession — the law, its philosophy and history. But this 
did not preclude his interest in and fondness for works of 
other kinds. He was a svstematic reader of the Bible, and in 
his library one might find many ])ooks treating of the great 
truths of religion, the momentous questions of life, its 
mvsteries and its purpose. Liddon's Bampton Lectures, 
which he had been reading shortly before his last illness, 
were arguments full of thought and force to him. In 
lighter literature he was fond of Dickens and Thackeray, 
especially of the former, whose alternate i)athos and humor 
could touch his heart and bring the tears into his e>es, or 
draw forth his hearty laughter. He loved to reread the 
scenes that inii)ressed him in Dickens' graj)hic word-paint- 
ing of child-character, the death of Little Nell, of Paul Dom- 
bey and of Vagabond Joe in Bleak House. My father 
understood the motive of the writer of the latter scene, 
which so stronglv appeals in so simple a manner to the 
liecdless world that forj^ets the wretched d> iug in igno- 
rance about us. 



-rM.MKKHKI.I» MKIIIIIMON. s.") 

This little note written to a friend who had loaned hin. 
a tender little tale of child- life, cvi.l.nces his love for s„ch 
pure and pathetic literature: 

iZZV' '*'""'' *"" ^"^ **" "PP"''""''^ '" "•-« •MiH.m.ler- 
nii.l iMiirhi-. mv I, "iv nature 

■-•1 up with 
«cll cxprr!«c*| in the purest 



hcirtrtrhc* -i' 
them! 

TI.C lUllo hook-, ulc «,.imp|,_„.„,„„ II , .. ,.. „f ,„„ „ 

- . . .t:„; ™,;r' '• '" •"■' '-• •• - — '"- "" ••■••" - >'" 

nimv w.,it.„ h..,r t -the voice of 

i'^." mill hear 
llrnru • • • hum,c 

• ("»» the earth." And 

'• Kr«.v with nKc. like poor little Humphrey. U- nhle 
come: nicon ■•"•c«tla*l. Mother? Oh. Moihcr! Ill 

r\u- • 

••Va; '' l>">«iil»t-y." 

■ ■• of the touch- 
<"' I won't My »o. 
., .. lory to nie. 

Yr. frieml. ASM 

Mf.n.lay morniiiK. January 7. "89. ■ • m. 

Kut my father's friendship for authors in the world of 
fiction was not confined to the writers referred to above 
tor he had atnassed a valnable collection of the works of 
the world's great thinkers, and his librarv was a sotirce of 
deep interest and pleasure to hin,. He understood the 
value of good books and their saiutarv iufl.ience over uir- 
ruwunnds for fron, then, he had acquired his own broad 
held of inforuKition and was enabled therebv on so great 
^' nn.nl.,., ,. -aried subjects to give his intelligent and edifv- 



8() Ar<irsTrs srMMi;i;i iii n Mi:i;i;iMnN. 

iiii; opinions. The- law was indLcd his si)ccialt\', hut by 
no means were the len^^lh and breadth of his strong, far- 
rcacliin.^ mental powers circnmscril)ed within this narrow 
limit. 

He was a Ibient and elTective speaker, whether in Con- 
gressional debate, on the hustings, at temperance meetings, 
or school commencements, fnll of earnestness on those 
themes that lay so near his heart, and always with some- 
thing to sa\- that met some need. The cause of temper- 
ance was dear to him; he had seen the sting and sin of the 
evil of intemperance and pronounced it "the crowning 
temporal curse of humanity.'" Education for the ma.s.ses, 
intelligent labor and progress for all classes and conditions 
of people, were subjects which he could discuss with more 
than theoretical interest. He believed in the nobility of 
labor, be it of the hands or of the head. To him there 
was no degradation in honest manual toil. The honor or 
dishonor rested upon the manner (jf doing the work, not 
upt)n the work itself. A friend said of him: 

"He believed in every man's havinj^ a purpose, and devotinjj himself lo 
his life-work vii;orously and earnestly. He never made a si)eech in which 
he did not strive to impress upon those who heard him the dignity of 
labor and the beauty of uprightness and justice. He haled the distinc- 
tions which modern custom puts on the word labor. He once said to me: 
' I have no respect for a man who does not work. The Creator made all 
men to labor, and the man who is an idler, and who is not a laborer, is not 
followinji the mission of his creation. I iin .i-< much a working man as if 
I shoveil the plane or worked on the farm. I have worked on the farm, 
but I never labored so hard or became so fatijjued as since I have 
been a Judj^e. .All men who do their lUity are laborers, whether on the 
bench, at the forge or in the field.' * * * He believed in work, and 
he believed in integrity of life. He jjracticed what he believed. His life 
was free from blame, Jind he always had unwavering f.iilh in CkmI." 

My father loved Nature; the singing birds, llie soft, 
green grass, the blooming flowers and verdant slirul)s were 



\ IMKI{FIKIJ» Mi;i;iMM«>N. S7 

--M.i vv ^ M i.,.!c pleasure to him; he would watch the j^raceful 
maples, the j^lossy maj^nolias, tlie dense-leaved oaks through 
whose branches the golden sunlight flitted, and the horse- 
chestnut trees as they grew and expanded year by year; all 
these were interesting to him in their beauty of growth and 
development. Sometimes when the roses bloomed, in his 
walks among his favorites, he would cut a deep crimson or 
full-blown pink one and bring it in to j^resent to some one 
of the family as an offering l>eautiful and acceptable. He 
loved to hear the songsters in the trees, to watch the ducks 
ill their abhitions, or the playful antics of the cat, and to 
give to his faithful horst- and dog the evidence of their 
master's afl*ection and regard for the welfare of his dumlj 
creature.s. It was but natural that he should love to con- 
template the broad realm of Nature, for from infancy and 
boyhood she had snrrouufled him with her grandest forms 
in mountain, stream and valley. ( )f those early scenes 
he says: "The glorious mountains! ( ), I love them as I love 
my.self. " 

This love of Natnri i«- shown in letters written by m\ 
father to those who held the first place in his heart and 
whose welfare was first in his thoughts. E.xtracts from 
those letters are given below, and just here it may be .said 
that his writing was not very legible; indeed, to .some it 
was a troublesome matter to read his letters, so unusual 
were the formations of some of the words. "Your writ- 
ing," wrote a friend, "is hard to decipher, and were it one 
of your 'opinions' it might come ver\- well under the 
description of Ar non scn'p/n/'' 

Washington. I). C. 

I sit lliinkiiig c>l hmiK- ;iii>l tlie dear ones there while I write these hasty 
lines. I feel lonely. Did yon ever feel lonely with hundreds all around 
you? It is not always that the heart feels cheered by company — mine 
often runs off after distant ones and no charms can call it back. Mv 



HJ^ AiiiisTrs siMMi;i;i'ii:i.i> mi;i;i;imi>\. 

heart is al honit-I And liow iUmt Imim- is! Hoim-, lioiin-!! Word llial 
stirs tlif soul \villi iiitLiistj loiij^inj;! Tliure is no place like huiiiel There 
one may find friends indeed — tlii>se who appreciate — those who love and 
sustain. Dark hours and days may cast their shadows there, but behind 
tlie shadows — 'neath the rain-fall, however dark, tlie lij<ht of love and 
sympathy shines on brightly and truly. I often think of this and it affords 
me pleasure. Here and elsewhere I see the smiles of affected friendship — 
I turn only to home and dear ones there, to find that love and friendship 
which is jjure and will never die. 

T(i his (langhter: 

I am glad to see that you enjoy contentment — that you are learning — 
that you begin to love to learn and that you have the soft sunshine of 
contentment in your soul. * * * We ought to draw pleasure from all 
about us— did you ever think of this? There are the sun and moon and 
stars — the trees, the shrubs, and then too, especially, flowers. What a 
field fiowers afford for innocent pleasure! Then to do this, you must 
understand their nature — their form, their color — their scent and the 
seasons that suit them — all these things and more you must know of them, 
and you can learn from books. 

My dear little daughter, God bless, jirotect and direct you in all things — 
save you from sorrow and sighing through all the i)atliway of life, and 
after awhile when you shall quit this world, I want you to l)e, I trust you 
will be, a beautiful angel in a world far more beautiful than this! Good 
men iu all ages have firmly believed that there is a fairer world than ours, 
and I love you so much and so tenderly, that I want you to go to that 
beautiful land. Isaiah says, "And a highway shall be there, ami a way, 
and it shall be called the way of holiness; the unclean shall not pass over 
it, but it shall be for them; the wayfaring man, though a fool, shall not 
err therein. No lion shall be there, nor any ravenous beast shall go up 
thereon— it shall not be found there; but the redeemed shall walk there. 
And the ransomed of the Lord shall return, and come to Zion with songs 
and everlasting joy ui)on their heads; they shall obtain joy and gbulness, 
and sorrow and sighing shall flee away." What beautiful \Nords and how 
comforting! Don't you think so? And would you not like, when you 
have to leave this world, to go there? In llie same chapter it is said. 
" The wilderness and the solitary place shall be glad for them; and the 
desert shall rejoice and blossom as the rose." What beautiful words ami 
thoughts! I almost want to go to that land; don't you? (iet your Bible 
and read the 35th chapt. of Isaiah and tell me what you think of it. 

While sitting here alone in my room a few moments ago reading, I 
heard some one in the parlor not far off, singing and pl.tying on the j)iano. 



MMKUriKI.I) MKHItlMnN. Sit 

.\t,irrr tn } •/",/ ;,. / n, , .\"4 tllC HlU'iic, VCfV SWfrCl. ffll OH IIIV CafS, I 

felt very »a«l. «n«l in a moment my thnii>{ht!i were with yoii at home. 

tjnx a moment. I *ai«l to myM-lf. what cities this mean — this iilca 

<T my C.ofl to thee?" What is(;<Kl? And why shouM I wish to Ix- 

near to Ctotl? Well. I have an idea of what (toil is; hut I fear it is an 

imperfect one; my n<>ii>>ti i- that (mmI is the incomprehensible — supreme 

in nil re<tpect»— tiriii. c — that made nil things— that upholds all 

' (t fills etcriii'.\ t: ' - cxiste»l — that exists now and 

exist in alisolute \ liowever or liv whomsoever con- 

•f. And lie ;i;.i.lv for a pnrjiose, n 

•M-. lie made uh, r a ho<k1 and wise 

-e. that we mi^ht «»l>ey the lawn pre*cnlieil lor our ){<'vcrnment 

• if we olfHcrvc the course of conduct He has prrscrilK-*! for us. 

our nature will lie in ali»olute harmony with His —Our ohject ou);ht to l)e, 

;r nature 1. • • • We flesire to go 

it r«l«- • • 'ii» "o. we must nvl nearer 

1. and I ! to Thee" -that 

irer to a I • I am sure, when 

I consider our nature — our wants — our «lesireH — our rcT|uirement.s — the 

consistency and harmony that ought to prevail in human conduct— that 

we mnv come to desire that the «•»// o/ Cod he done; the perfect 

i!id that the ihiing that will 
re is no happiness \>ithout 
this. • * » Why IS It, seeing the^- things, that we will not observe 
this jicrfect law — will of CJofl? Ah. this is a grave question, and to me it 
implies a great mystery. Why should we wish to do wrong, when we 
know that the consequence of so doing is misery, unhappiness. discon- 
tent! Can you tell me? See if you can. • • • Why should any one 
lie, swear, steal and do a thousand things that bring shame — disgrace and 
misery ? Is it not strange indee<l, that thousands r|o so? And why will we 
not practice virtue in all our acts and thoughl'i — -iincerily, honesty, upright- 
ness in all things, especially when we see that from such a course of con- 
duct come peace, confidence, comfort, ease of conscience! How confident, 
how tru»tful, how respectable, how fearless, is he who has conscious inno- 
cence! I think that many persons do wrong from carelessness — from 
inadvertence — they do not reflect u[)on what is right — they contract habits 
of doing wrong and one wrong leads to doing another. * * * We 
ought to think of our acts before we do them — look at the nature of them 
and the consequences to flow from them — and this question should always 
\y*i present in our minds — is this right — can I stand by this proposed act ? 
If we would >x- thus careful, I'm sure we would be much better than we 
rtfe. Tin- birds sing » * * they follow out the law of their nature. 
■\hy may not you do so too? See the flowers that you love — 



90 AlfilSTrs SlMMKItFIKI.I* M Ki; I; I M< "N. 

llify follow the law of Ihcir iiaUirf— the law of God— how heaiitifiil they 
are — thev do their oflicc — why may yon not do the same and he more 
beautiful than they ? 

I want vou to be ever j^l^'l '"^"'^ brij^ht — then you will make your mother 
and me so. If I hear a bird siny cheerily, I feel eucouraj^ed and cheered; 
don't you? Strive to make all about you happy; lift up your soul— live 
while you may and make the most ami best of life! 

On the death of his wife's sister: 

I can well understand that you are sorrowful and gloomy — that you all 
are so. Hut it is not well to give way too much to gloom- God has spoken 
— He knows l)est. We should submit to His supreme will, and learn from 
such manifestations of His Providence, the deepest wisdom. By and by, 
we too must pass the like solemn test. Shall we be ready? Let us so 
square our lives, that in the end, we can pass from this life ([uielly with 
confidence and living hope! 

To his SOU at school: 

Be sure to read your Bible regularly. From it you can get rich stores 
of information that will fit you to live and die. Do not wait to see what 
others do in this respect. — You must set the example. 

This is my birthday. This day I am fifty three years old! .\nil how- 
little I have accomplished in life for myself, for my family, for society 
and for God! I feel sad indeed, while I reflect how much I might have 
done and how little I have gotten out of life! But still, my life has been 
one of constant labor. — I have not known what are commonly called the 
pleasures of life. I have sought for that I have not gained. I have how- 
ever, one comforting reflection -I have not brought reproach on the name 
I bear— if my family and friends have no reason to be proud of me, they, 
on the other hand, need not blush for me. I might have done more and 
better; I might have done less and worse. O, that I had <lone more! — .\s 
I stanil at this point in life's way, I ask myself the solemn question, what 
shall the future be? How shall I go, in what way, what shall I do, to 
acconqjlish most— how shall I most surely extract the juice— the essence, 
of the remnant of life left to me? How shall I ennoble my own life, how 
shall I benefit and bless my family ami society, and above this, how shall I 
get nearer to God? I want to do what, under nature and Go»l, I ought to 
do. But I am weak and ignorant — I go stumbling along in the dark, 
through doubt and .ipijrehension. What shall I do, how ^hall I do to fill 
the measure of dut\ — of life! My prayer is, that GckI will help, strengthen 
and direct Jiie! - I realize that life is lapsing fast— at most. I must go hence 



MMKHKIKI.I> MKKUIMnN. \i\ 

before a long while. anH O nhrrr* Mv life is chaAtciutl hy tlic <lfpartiire 
of dear niic«», I ?»han •« in lliis Jifc. I fin<l myself 

...11-.' inrli. 'liMiL II.' ..r • If the qur^lion, when shall I 

linil me. ami no forward 
wnii 111 ii-ii- -' j.'r- ■ ''•do life's 

•Inly' Th.il i* ii • ; do all I 

ran • 

Ti Till t-arth. Ihe 

Minihine. Ihe tree*. Ihe *hmh*, the fjravi. th' ill thinj^s 

"' ■ '" -■ • ■' ...(..' . -..,.. ..f .. . ,,;; tj,p „ir| 

And I send 

th- (!>vvep». the trees 

.er I \on\c Mjx.n them. 

• w Hwcet id — 

^ How I, , , arcl 

They rhrer ni. iid liMen. and think of dear Mary nml 

her Hweet fMHi^" .m-i i.-n^; {•• ■.« < m r. 

\' ' ' • ' love of Nature lay my fathers 

foil' ; nnisic, for sonjjs that dwelt 

upon the purest themes and those that told of Heaven. 
Amoii^ his favorites, were " My Aiii Coiiiitrie," ''Nearer 
my God to Thee," "On Jordan's Stormy Banks I Stand," 
and "Jesns, I my Cross Have Taken." On the Sabbath, 
liis work laid aside, he nsnally attended the chnrch of his 
preference, the Hdenton Street Methodist Episcopal Chnrch, 
Sonth. However, he was not bij^oted with respect to this 
preference, bnt often enjoyetl worshipin;^ with the members 
of other denominations. If on the Sabbath he failed to 
attend service for some reason he deemed a snfficient 
hindrance he would read his Bible, the Psalm.s — David's 
beantifnl sonl-cries, and John Wesley's Sermons. The latter 
sometimes he would read aloud for the benefit of whoever 
mijjht be with him. Hall'.s, Marvin's and Ba.scom's Ser- 
mons were amon<:^ his favorites also, but the fertile mind 
of Wesiey seemed to brinj^ forth more fully and clearly 
that which satisfied his need. Up to a short lime before 



02 Aif^.TsTrs scmmi:i;iii:m» mi;i;i;im()N. 

his release from iho fk-sh lie had not forinall\- coniicclcd 
himself with the Church; but his mind had been dee])ly 
en<;aged upon the \veio;hty questions of eternity and of the 
salvation of human souls. He was an honest man; his 
honesty was apparent in this, the most serious question of 
his life; and he had deferred takin^ the vows of the Church 
until, from his inmost soul, with the taith of a little child, 
without which none shall enter the Kingdom of Heaven, he 
could repeat those solemn words. 

This was indeed the crowning beaut\- of his life, the 
summit of its achievement. Like Newton, it seems that he 
realized that man's wisdom is but the shadow of God's 
knowledge — yea, foolishness with him; that the highest 
pinnacle of human attainment is but a feeble elevation 
from which the mind can more clearly perceive, though in 
but meagre part, God's infinite love and plan and purpose. 

Physically my father had been a man of robust health, 
stout but strong and vigorous before disease laid its deadly 
hand upon him, and then the change was but a gradual 
one. His face and head were finely shaped. His brow 
was broad and high and his countenance frank and gentle, 
with an underlying expression of strength and firmness. 
But the face became thinner as the days passed on, and 
paler; the body was yielding to the demands of a too 
incessant mental labor, in.somuch that he was forced to con- 
sult a specialist of Philadelphia. The case did not seem 
critical, and with ]:)roper mental rest it was thought 
that good effects would result. Dyspepsia, an old enemy, 
troubled him greatly; the sorely needed rest was not 
taken, and work went on ajjparently unwearyini.;!)' until 
the tired frame refu.sed to obey the will, and on the 
14th day of September, 1S92, he la\' down to obtain the 
rest he had denied him.self so louir. The immeiliate cause 



-IMMKUKIKM) MKKlUMoN. !>.*'. 

of his illness was malaria, and in his wcakcnctl condition the 
old disease ihal had Ironhlcd him for several years gained 
ascendancy of Nature's recnix-rative |x>wers. Sciatica and 
d\ ' ' ' ' • . ^,,(1 tlic proiKT nonrish- 

ni' ' iMiild np the fast cl)l)ing 

strength. For eight long, weary weeks the once powerful 
frame sought earnestly to free itself from the shackles of 
dis<."ase and to rise to •. ' ' ain. How anx- 

ious he was to Ik- up. ; ^ • Court and iK-ar- 

ing his share of the burden there I How often the work 
seemed present to his thoughts, when, even in the wander- 
ings of his mind, he atldressed the ; ry client, or 
sjKjke in pitying tones of tme wln»se ul failed, "a 
poor woman." Propix-d up with pillows and .sustained by 
strong, loving arm.s, in face of the opposition of physician 
and loved ones, he signetl the ' , for the law students 
who were at that tinu* to Ik* « 1. That Irenibling, 
faithful hand as it traced tht)se wavering lines .sought in 
the hour of weakness, with the signs of ebbing life upon 
that pallid face, to Ix* true to the trust his |X'ople had com- 
mitted to him. It was remarked how i)aliently he b(jre the 
pain and di.scomfort of his illness, how patiently he waited 
to be up and at his work again. His clothes were brought 
out at his request, ready that he might put them on. All, 
he resumed them no more! And when h<jpe seemed fading 
away he spoke of giving place to another who could serve 
the people in his stead and do the work which he felt should 
be done. 

"It is honest and honorable," he said, forgetful, it would 
seem, of his own labors and deserts, and thoughtful of the 
good of the State and the accomplishment of the work of 
its judiciary. 

What thoughts were sometimes his, as he lay with closed 



<)4 .vrcrsTis simmi:i;i m:i.i> mi;i;i;i\hin. 

eyes, are revealed io us in tliese words, wliicli he was lieard 
repeatinj;: "My (iod! I worsliip and adore Thee; I trust 
in Thee! I will be ready when Thou callest me henee — 
in Thine own good time." 

On the afternoon of November 2d he made the following 
statement to his pastor, Rev. J. X. Cole, who took the 
words down, as nearly as he remembered them, after leav- 
ing the sick-room: 

"Mr. Cole, I don't know whether I am to live or to die, Imt I think I 
am i^ettinji close to the end. 

"I am prepared to die. I am ready for the great event. I am not 
afraid to die. And the ground of my preparation is faith in the Lord Jesus 
Christ. He is everything in salvation. 

"I want you to receive me into the Methodist Church. I am a Metho- 
dist. ISIy whole life has been in the sympathy and love of Meth- 
o<lism. And I want you to announce next Sunday, without ostentation, 
that Judge Merrimon has been received into the Methodist Church; that 
I am not able to come to the church, but desire to have this announce- 
ment made because it is proper that it should be made." 

On the next day he assumed the vows of the Methodist 
Churcli, and with her who had been his beloved companion 
in life's journey since his boyhood, and with tho.se who 
loved him, he partook of the ble.ssed sacrament of the 
Lord's Supper. His faith was firm and bright, and he was 
waiting, yea, ready, for God's will to be done. 

About a week before the end .some of his favorite songs 
were sung to him, and he repeated to the uur.se a ver.se of 
one of them that .seemed iue.\i)rLSsibly beautiful to him: 

".\n' these sights an' these sounds will as naething be to me. 
When I hear the angels singin', in my ain countrie." 

How soon he heard that .song of inexpressible beauty! 
On the morning of the 14th of November, 1892, ere the 
sun had jiladdened the earth with his morning ray.s, the 



-I MMKHFIKLn MKKKIMON. <».-, 

soul of Augustus Mcrriinon passed into the presence of the 
Suu of Righteousness and into the realization of the beau- 
tiful words he had so often read: 

•I will Iwhnl.l ; „ ri>{hlcou*ncs*. I shall l>c Mtbficil. wlun I 

auakr. with Thv : 



,(i^'5i^ 



!k; au(justus srMMi:i;iii:i.ii mi:i;i;im(>n. 



"Spirit! Thy labors are o'er, 
Thy term of probation is run, 
Thy steps are now bound for the untrodden shore 
And the race of immortals beyun. 

"Spirit! Look not on the strife 

Or the pleasures of earth with re>;ret, 
Pause not, on the threshold of limitless life, 
To mourn for the day that is set. 

"Spirit! No fetters can bind. 

No wicked have power to molest, 
There the weary like thee — the wretclied, shall find 
A haven — a mansion of rest. 

"Spirit! How bright is the road 

For which thou art now on the winjj;, 
Thv home it will be with thy Saviour and God, 
Their loud hallelujah to sing."* 

*A favorite of iiiv father's. 



u x.vfx.. ... nu\. \vAi/ri-:R ci.ark at tiii- 

MKMORIAI, MHKTIXC, oF Till' HAK 



NOVHMBHR 7\. 1893. 



Mr Cmaikm%n — It ww *aic| Uv one of old thai tin? "rrirmUhip of n 



>*•' l.y M<lf at 

'!'• -^ . .>ur homes 

lav m thr •..iinc <|)rri«t..n. .h to niitl from this 

|>l.irc, I mine lo '. • iloj^y anil 

ailmirnlinii. hut in ..d.- of tin* 

. V t.. 

kiuw hiiii *\€ U ilure »«* a hi the •.implirity of his 

'''""■'• "' ' - »■'■"•' ... ..,, oews of iiieii mill thiii){s. 

of hi* eoiivictions. ami more than 

H He 

the iii-i- -UkxI 

have sot ;, coin- 

inniuie<l their resi)ect ninl their entin And none have more 

deserve<l it. "To the last he kept tht- »n.;< ... -.h of his soul, and so men 
mourn over him." lie first saw the liji^ht in Transylvania, in the midst 
of that glorious land of peak and valley. 

"Where the heart of Nature 
Beats strong; amid her hills." 

There. of the Poetic Genius of Scotland, the guardian 

Fate of 1 ' I'ound him at the plow and threw her inspiring 

mantle over him." From that moment to the scene which was his latest 
he was always fountl in the path of duty and honor. From the hour he 
entered public life his State heape<l her honors upon him, refraining not 
from the very liiy;hest and rarest in her )<ift, nor until, with the slow 
moving feet of those who Itear the dead, and with the voice of them that 
wept, from this chani>»er where they lay in state, the mortal remains of 
the MVLiiih Chief Tii>ti. r of thi- Court were borne in honor to their last 



98 AnUSTlS SIMMKKIIKI.h M Ki; i; I M< >\. 

rcstinjij-placc. Tlit>u,v;h not an olil man, harily turULd of three score, lie 
has departed full of honors, while the friends who hcj^an the tnarch of life 
with him have been scattered like leaves in wintry weather. 

North Carolina has long since made up her verdict upon the character 
and services of this, her son. No hleniish in the course of a long and 
splendid public career ever attached to his name. 

In the Senate of the United States he so bore himself that none could 
doubt that he had no other end in view than to serve the best interests of 
his State and country-. After he had retired frotn the Senate, one Gov- 
ernor, with universal public applause, placed him on this Court, and 
another gave him its chief place. Both appointments were unanimously 
indorsed by the conveutionsof the Democratic party, to which he belonged, 
and were ratified by overwhelming majorities at the polls. 

The report of the committee has so completely outlined the leading 
events of his career that it would be repetition to refer to them, nor shall 
I allude to that record of his industry and talents which is to be found in 
twenty-two volumes of the Reports of this Court. 

We cannot but be struck with the rapid changes which have succeeded 
one another on the bench where he sat. In the last quarter of a century 
there has been a vacancy, on an average, every year and a half. In the last 
three years three of its five members have been removed by death. In 
some respects the public lives of all three bore a resemblance. Each of 
the three, before coming upon this bench, had represented his State in 
the National Councils at Washington, and each had come from that ordeal 
with fame untarnished and without so much as the smell of fire on his 
garments. With Judge Davis his relations had l^een especially close. 
Together for years at Washington, where one sat in the Senate, while the 
other was in the House, they were later reunited on the bench of this Court, 
where they sat side by side for many years, and almost together they went 
down into the tomb. "Lovely and pleasant in their lives, in death they 
were not divided." 

A few weeks since some of us stood with the Chief Justice amid the 
thronging crowd when upon the lonely hill-side ami<l tiie sighing pines 
the bcKly of his frientl and ours was lai<l to rest. And now he, too, has 
passed beyond our gaze. Thus we are again brought face to face with the 
great Mystery. They whom so lately we met in these walls, and with 
whom we talked as man to man, will return no more. In which of yon 
wheeling worlds now move those deathless souls, those inextinguishable 
spirits, which yesterday knew as little of the future as ourselves, but which 
now in wider intelligence survey the vast orbit of creation? Or is it in 
some more distant world, far removed from mortal sight, that they await 
the final trump of the resurrection? In vain we ask these questions — 
but again ami again as the purlal swings wi lo open and with never-ceas- 



-TL'S SUMMEKFIKM) MKKUIMn\. !>«) 

inx tramp brother after brother passes down and out into the illimitable 
beyond, humanity asks the ever-repeatefl. never answeretl question- 
whither? 

"^\' tidslift 

l: 

li antl above suspicion, they were Ixjth an honor to tluir 

il lil)crty. can in 

1 n.s they in full 

; ol Its integrity. If 

''«l." North Carolina 
liH- lta.1 iiu niWiicr son-*. We iiclieve them now 

"SomethiuK far advance«I in Mate " 

riw , went not h ■ ■ - . . 

work cr. 



>|'iril» iiitxc-refi by the nhore; t»ut 



■V. 

'i 

.\n.i \\ ,,Ki .1 Ml J ir .1.1:- 



^' was Hlowly sinkinf{ 
- of the sunset, their 

rn skies 



The ,>«et of paxaninni who lives amid the l.la/c of the now expirine 
nineteenth century tells us — 

"Pal. 

...V' fic stands. 

W h< ■ 

III 

nut death is not immortal. There was a time when it was not and 
hence there must come a day «hen it shall surelv cease to l,e. Vet were 
It true that there is no future for the soul, there would still Ik? an immor- 
tality for the Koo<l dee.ls whose influence, perpetuated bv one generation 
acting u,K,n the next, shall live in ever widening circles as "the great 
world spins forever down the ever ringing grooves of change." Our 
brethren are not dead to us. For us they still live, move and breathe in 
the example and the influence of noble lives, and these things can never 
die. 

"Were a star quenched on high 
For ages would its light. 
Still traveling downward from the sky 
Bless our mortal sight: 

"So when a good man dies, 
For years beyond our ken 
The light he leaves behind him lies 
't^'v the paths of men." 



100 AlHir^TlS SIMMKUI'IKI.I) M i:i; i: I M( tN. 

As I repeat these lines, Mr. Cli.iirmaii, I know lluil there conies l)aek to 
you those well remembered words of Tacitus, in sjieakinji; of one who in 
his day also deserved to be remembered well of his countrymen. Said he 
in the sonorous tongue of old Rome: * 

'' Quidquid ex eo amaviiiius, quidquid adiitiia/i siinius, mauct, iiian- 
surumque est in elernitatc teniporiim el faiiia renint " — 

" Whatsoever of him we have loved, whatsoever of him we have admired, 
remains and will remain in the eternity of time, and in the fame of his 
deeds." 

Judge Mcrrimon was long an anxious and earnest seeker after the 
eternal truth. It was a subject on which he loved to discourse. Of 
him it might have been said in those enduring lines: 

"I pray thee, then, he said. 
Write me as one that loves his fellow-men — 
The angel wrote and vanished. The next night 
It came again with a great awakening light, 
And showed the names whom love of God had blessed, 
And lo! his name led all the rest." 

In his last illness the longing of his heart was gratified, and he found 
that peace which passeth all understanding. The star of his life went 
not down behind the darkened west, but it set like the morning star, 
which melts in the brightness of the coming day. 

These are not idle ceremonies. The lives of good men are not lived in 
vain. A State does well to arouse the emulation of the rising generation 
by the example of those who have served the people faithfully and well. 
Rome and Greece filled their temples and porticos with busts and i)aint- 
ings of their illustrious dead. We can at least place before the living the 
simple but truthful story of those who, in the hours of danger and 
threatened disaster, by their eloquence and tlieir moral courage upheld 
the wavering cause of civil liberty, and who, spurning every temptation, 
found their reward in the gratitude of an admiring people, and reached 
the highest honors of the republic. 

Here Ijelow our deceased friend is henceforth only a recollection, and 
if, unlike wealthier commonwealths, we cannot turn his features into liv- 
ing bronze or monumental marble, let his memory and the memory of 
such as he be copied in the lives and deeds of those who shall come after 
us. Then when hereafter shall come days of danger and disaster, then 
when shall come, as come to us they must, days of evil, there shall be still 
men like unto him in the land, and our people shall not need to cry out 
in vain and hopeless agony, as so many nations have done, "Oh! lor the 
touch of a vanished hand, and the sound of a voice that is still." 



.Uiti I fiitirii n mice from heaven sayhif^ unto we, li 'n/t\ 
I'li are the dead whieh die in I he /jtrd from henceforth: 
Yea^ saith the Spirit, that they may rest Jrom their labours; 
and their worhs do folloio them. And they shall 

seel: ind his name shall he tn their foreheads. And 

ihull be no ni^ht there; and they need no candle, 
n, nfier lij^ht of the sun; for the la^rd Cod f^iveth them lii^ht: 
""./ they shall reign /or rver and ever. — Ri:v. xiv: 13; 

4. 5- 



'"'^ IV IMIO 



""fill 



mmiiii 

° 005 37, 307 5^ 



